Vol. 20 No. 09 Sep 2005

A lawsuit challenging a Wal-Mart store on the grounds that it would create downtown urban decay was rejected by the Third District Court of Appeal. The court did rule, however, that the Central Valley city of Anderson needed to require additional money to pay for the project’s fair-share for improvements to a freeway interchange.

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The Second District Court of Appeal has issued another ruling in the long-running controversy over the proposed demolition of a garden apartment complex in Venice. The latest ruling allowed both sides in the debate to claim victory.

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An appellate court panel has overturned a lower court’s decision ordering Community Bank of Central California to return $4.4 million to King City.
The city says the money was a deposit, and the city wants the money back. The bank says the money was collateral for a bank loan to the developer of a downtown redevelopment project. Because the developer defaulted on the loan, the bank wants to keep the money.

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The next round of housing element updates will be delayed by two years for all of Southern California outside of San Diego County and for the Bay Area. The two-year postponement might be extended to all jurisdictions except San Diego, although state officials have not made that decision.

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Few housing policies are as inherently controversial as inclusionary zoning — the requirement that market-rate home builders provide a certain percentage (usually 10% to 20%) of their new units for very low-, low- or moderate-income families. Inclusionary zoning is commonly a way that cities and counties propose to meet their fair-share housing requirements.

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The latest news from around the state includes water rights dispute stunting growth around Lake Arrowhead...U.S. District Court judge has ordered two lawyers to pay up for racketeering lawsuit... belated housewarming for new San Jose City Hall...1907 subdivision map validity upheld...EIR released for high-speed rail and more.

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The director of the state Department of Conservation has standing to sue a local agency over mining and reclamation plans approved by the local agency, the state Supreme Court has ruled unanimously. The ruling was a clear victory for state enforcement of the Surface Mining and Reclamation Act (SMARA), which regulates all surface mines in California.

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Orange County’s approval of a controversial housing project in the foothills of the Santa Ana Mountains has been overturned by the Fourth District Court of Appeal.

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President Bush’s signature on the federal transportation bill in August opened the spigot for $21.6 billion in federal money for California. The bill funds hundreds of specific projects, ranging from a $25 million “non-motorized transportation pilot program” in Marin County to carpool lanes on the San Diego Freeway in Los Angeles to a study of a new transportation corridor between western Riverside County and Orange County.

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Fallout from the U.S. Supreme Court’s recent decision permitting use of eminent domain to aid private development continues to rain down on the state Capitol. With two weeks remaining before the Legislature adjourned, it was unclear whether any eminent domain bill would pass this year. However, lawmakers did ensure that no constitutional amendment limiting eminent domain made the November special election ballot.

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