Legal Digest
Court Finds County Process Unfair, Orders New Rent Hearing
30 December 2008 - 10:52am | Author: CP&DR Staff
A mobile home park owner in San Luis Obispo County has won a state court order for a new county hearing on a rent increase. The Second District Court of Appeal ruled that Manufactured Home Communities is due a new hearing because it did not have the opportunity to cross-examine tenants who testified against the proposed rent increases at an earlier county hearing.
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Price: $2.95Coastal Commission Jurisdiction Upheld After Landowner Delays Challenge
30 December 2008 - 10:39am | Author: CP&DR Staff
A property owner cannot participate in a California Coastal Commission appeal process for years and then assert that the Commission was prohibited from considering the appeal because it missed a procedural deadline years earlier, the Second District Court of Appeal has ruled. The court rejected a Pacific Palisades landowner’s contention that the Commission had lost jurisdiction over an appeal of the landowner’s three-lot development because the Commission did not conduct a hearing within 49 days of receiving an appeal in 1999.
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Price: $2.95EIR For Madera County Quarry Tossed Out
30 December 2008 - 10:34am | Author: CP&DR Staff
An environmental impact report for a proposed quarry in Madera County has been thrown out by an appellate court, which found the document’s consideration of water, traffic, noise and cumulative impacts to be inadequate. The court also determined a water supply assessment is needed for a mitigation measure that could require the quarry to connect surrounding property owners with a water system.
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Price: $2.95Pacifica Developer Loses Yet Again
29 December 2008 - 1:34pm | Author: CP&DR Staff
A state appellate court has upheld the Coastal Commission’s handling of a housing project appeal. The court ruled that although the Commission did not comply precisely with the state open meeting law’s requirements, the Commission came close enough and did not portray an intent to avoid the law.
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Price: $2.95Public Records Case Costs Monterey County
29 December 2008 - 1:04pm | Author: CP&DR Staff
Monterey County has been ordered to pay more than $244,000 in attorney fees and costs in a California Public Records Act case involving a long-controversial development proposal in Carmel Valley.
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Price: $2.95Email Notice Doesn't Trigger Deadline
29 December 2008 - 1:01pm | Author: CP&DR Staff
Sometimes, email is no substitute for snail mail. In a California Environmental Quality Act (CEQA) case from Contra Costa County, the First District Court of Appeal has ruled that notification of a trial court’s judgment via email did not trigger the 60-day deadline for filing an appeal.
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Price: $2.95AG Upholds City-Council Habitat Plan Deal
23 December 2008 - 12:20pm | Author: CP&DR Staff
Agreements approved by Riverside County and cities in the Coachella Valley in support of a multiple species habitat conservation plan did not violate a political corruption law, according to the state attorney general’s office.
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Price: $2.95Procedural Error Dooms Growth Opponents
19 December 2008 - 5:14pm | Author: CP&DR Staff
The Fourth District Court of Appeal has thrown out a California Environmental Quality Act lawsuit filed by Riverside residents because of a procedural error.
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Price: $2.95Court Defers To City On Water Study Methodology
19 December 2008 - 5:11pm | Author: Paul Shigley
Cities, counties and public water agencies have broad discretion over the way they conduct water supply assessments for development projects that rely on groundwater, the First District Court of Appeal has ruled.
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Price: $2.95U.S. Supreme Court Reviews Coastal Power Plant Operations
8 December 2008 - 11:05am | Author: Kenneth Jost
WASHINGTON – Industry and environmental groups in California are awaiting a ruling from the U.S. Supreme Court that could determine how far the state’s coastal power plants must go to reduce their fish-killing intake of ocean waters used to cool generating facilities.
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