Legal Digest

Palo Alto claimed that in in-lieu downtown parking fee wasn't really a fee under the Mitigation Fee Act. But an appellate court ruled the other way -- and now Palo Alto developer Chop Keenan stands get almost $1 million back. >>read more

An Encinitas bluffside homeowner wanted to build a new house with a basement. The Local Coastal Plan says all structures must be removable in case of further erosion. The homeowner said the basement was removable; the Coastal Commission disagreed. Guess who won? >>read more

Two years ago, an appellate panel ruled that the controversial housing proposal should have been processed under SB 35 -- the first major ruling. Now the court has ruled that a local judge had the authority to rule on Housing Accountability Act violations as well. >>read more

In a very strongly worded opinion, a Los Angeles appellate court shot down all the neighbors' arguments about an eldercare facility in Pacific Palisades -- and, in the process, reiterated that the role of the courts is to defer to the city’s judgment when substantial evidence exists and not "re-weigh the evidence". >>read more

An EIR from Grass Valley failed because the project would put multifamily units 170 feet from a state highway and the city didn't analyze the air pollution impact. >>read more

In an indication of the increasingly acrimonious nature of land-use disputes, a prominent San Diego land-use lobbyist and a community activist opposed to a church project sued each other for libel. The activist then filed an anti-SLAPP suit -- which was not successful. Now the lobbyist can move forward with the libel suit. >>read more

26-foot statue in the middle of a street in Palm Springs also violates the state's Motor Vehicle Code, an appellate ocurt rules. >>read more

Final ruling in People's Park case turns around on one issue and softens the argument on the other -- but prompts Newsom to vow CEQA reform. >>read more

In an acrimonious case about water rights, an appellate court strikes down the "Weed Nine's" malicious prosecution argument. >>read more

An Arcadia homeowner wanted to stop the expansion of his neighbor's home. He took it to the Court of Appeal -- but he wasn't specific enough in his original comments before the city's planning commission and city council. >>read more

Appellate judges say that density transfer creates potential environmental impacts and therefore an "excxeption to the exemption" under Berkeley Hillside is warranted. >>read more

San Diego judge's decision also faults the City of San Diego for not analyzing cumuative impacts of several adjacent projects. >>read more