Topic
El Dorado County
13 published works
Real Estate & Construction
U.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takings
In a highly-anticipated case revolving around development impact fees, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed conditions on…
Last Month at the Supreme Court
Supreme Court Decisions Provide New Guidance on Securities, Arbitration, and Land-Use Law
By Chantel Febus, James Azadian, Monika Harris, Christopher Sakauye, Puja R. Valera, A. Joseph Duffy IV, Dykema
The Supreme Court recently issued several unanimous decisions affecting a range of legal areas.
Environmental and Climate
Residents’ Comments About Existing Fire Hazards Do Not Constitute Substantial Evidence of a New Project’s Impacts Under CEQA
By Brenda C. Bass, Kathryn L. Oehlschlager
In June 2021, the Third District Court of Appeal upheld the County of El Dorado’s (“County”) mitigated negative declaration (“MND”) for a bridge construction project against complaints that the project’s…
California Land Use & Development Law Report
Evidence About Existing Wildfire Hazards Near a Project Does Not Require an EIR
By Perkins Coie
Evidence about past wildfires and the risk of future wildfires impacting residents near a proposed project does not require the lead agency to prepare an environmental impact report unless there…
CEQA Developments
Flunking CEQA’s “Fair Argument” Test: Third District Affirms Judgment Upholding MND for El Dorado County Bridge Replacement Project, Rejects Arguments Based on Alleged Significant Impacts on Fire Evacuation Routes During Construction As Insufficient To Require EIR
In a partially published unanimous opinion filed June 16, 2021, authored by a jurist who is also a noted CEQA expert (Acting Presiding Justice Ronald Robie), the Third District Court…
Environmental and Climate
Third District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional Exaction
By Christian L. Marsh, Christopher I. Rendall-Jackson
In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado)…
Land Use Developments
County’s Initiative-Enacted General Plan Traffic Mitigation Policies Are Unconstitutional Exactions
On May 4, 2021, in Alliance for Responsible Planning v. Taylor (County of El Dorado), __ Cal.App.5th __ (2021) (Case No. C085712), the Third District Court of Appeal affirmed a…
California Land Use & Development Law Report
Action for Refund of Developer Fees Was Subject to One-Year Statute of Limitations
The Third District Court of Appeal held that a suit for refund of developer fees based on failure to make findings required under the Mitigation Fee Act was an action…
CEQA Developments
When CEQA Gets Ugly: Third District Holds Lay Public Opinion Supports Fair Argument That Project May Have Significant Aesthetic Effect Requiring EIR
In a published opinion filed December 17, 2018, the Third District Court of Appeal affirmed a judgment granting a writ setting aside El Dorado County’s approval of, and related Mitigated…
California Land Use & Development Law Report
EIR Required for Oak Woodland Management Plan
By Julie Jones
Public agencies generally prefer not to prepare EIRs – at least for their own plans and projects – unless they have to. And CEQA attempts to avoid redundancy by encouraging…