Sam v. Kwan (2024) 101 Cal. App. 5th 556.
The California Court of Appeal, Second Appellate District reversed a trial court’s decision in a real estate case of breach of fiduciary duty between two partners of an LLC. The case
Latest from Land Use Law Blog - Page 3
2nd District Court of Appeal Upholds Local Governments’ Discretion to Override Housing Density Caps
In AIDS Healthcare Foundation v. Bonta (2024) 101 Cal.App.5th 73, the Second District Court of Appeal upheld the power of local governments to override housing density caps, including caps adopted by voter initiative.
Legal Background
Under Senate Bill 10
First District Holds Development Agreement For Affordable Housing Project Subject to Referendum Power
In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal held the Livermore City Council’s adoption of a resolution approving a development agreement was a legislative act subject to the referendum
Appellate Court Holds Oakland Could Collect Impact Fees Notwithstanding A Prior Agreement With A Developer Detailing What Fees Would Apply To The Development Project
In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
EIR For Fuel Reduction Plan Allowing For Future Adaptive Management Strategies To Be Finalized In the Field Contained Sufficient Project Description and Level of Detail, Court Holds
The Regents certified an EIR for a project aimed at reducing wildfire risk at UC Berkeley’s Hill Campus, located in the East Bay Hills. Environmental
CEQA Requires That An Infill Project Be Consistent With All Applicable General Plan Goals And Policies, A Less Flexible Application Of The Consistency Doctrine
(United Neighborhoods for Los Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074)
CEQA’s infill exemption (Guidelines section 15332) is a very useful tool in the toolbox for streamlining CEQA review. This Guideline applies in cities and can be
An Agency’s Failure to Follow CEQA is Not a Defense to an Enforcement Action to Remove Encroachments
(Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554.)
It is not unusual in the non-urban parts of California for a property owner to install landscaping within a county right-of-way without ever securing an encroachment permit. In Santa Barbara
The Fifth Appellate District Holds Compliance with Housing Element Law Requires Establishing Zones Exclusively for Low-Income Housing
(Martinez v. City of Clovis (2023) 90 Cal.App.5th 193)
The California Court of Appeal, Fifth Appellate District affirmed the trial court’s ruling that City of Clovis (the “City”) did not substantially comply with the Housing Element Law (“Housing Element Law”).
The Ninth Circuit Court of Appeals Held the City of Berkeley’s Prohibition of the Installation of Natural Gas Piping in New Construction is Preempted by Congress. (Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.)
Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.
In the continued effort by cities to require all-electric infrastructure in new buildings, the City of Berkeley (“Berkeley”) adopted an ordinance that prohibited, with some exceptions, natural gas infrastructure