In the ongoing billboard wars that have taken place up and down the state in recent years, the advertisers have won the latest legal battle. 

In Hill v. San Jose Family Housing Partners, the Court of Appeal for the Sixth Appellate District held: (1) that a written easement for a billboard was enforceable, even if the billboard was constructed in an illegal manner; and (2) that the servient owners of a development that unreasonably interfered with the visibility of the billboard could owe the billboard owner damages for lost profits.

As with most things in life, one person's gain is another person's loss, and public-private partnerships are not exempt from these types of tradeoffs. To the state engineers and their representative union, the contracting out to private engineering firms of engineering services traditionally performed by Caltrans engineering staff represents one of those zero-sum games. This becomes the backdrop to a challenge to the Phase II improvement work on Doyle Drive, the highway approach to the southern terminus of the Golden Gate Bridge.

When the City of Morgan Hill annexed an 80-acre plot of land over public outcry, city residents fought back by approving ballot measures limiting the development that could take place on that parcel. With a recent appeals court ruling – 31 years after the initial annexation -- a developer's project is high and dry, with the court ruling that the city's actions did not amount to inverse condemnation or illegal spot zoning. 

The first article I ever wrote for CP&DR concerned the generationally decrepit state of Los Angeles' Westwood Village (see CP&DR Vol. 23, No. 6 June 2008). In the three years that have passed since then--despite my blistering expose (of one of the city's most open secrets)--it's only gotten worse. Storefronts are vacant. Bars are sad. Only the Trader Joe's seems to be making any money, and that's because, well, it's Trader Joe's.

Against the protests of many environmental and community groups -- but with the support of developers and builders -- Gov. Jerry Brown signed Senate Bill 226 (Simitian) yesterday, ushering in what some consider a new era of reform to the California Environmental Quality Act.  

SB 226 includes the following alternations to CEQA: 

This month – October 10, to be exact – marks the 100th anniversary of initiative and referendum in California. It's hard to imagine that Gov. Hiram Johnson, the godfather of the constitutional amendment, could have imagined all the different ways that the initiative process would be used – especially by the moneyed interests that were his target in 1911. But it's equally hard to imagine that Johnson could have foreseen the way the initiative and referendum process would transform planning and development in California.

By now, most CEQA practitioners have faced the problem of what to do when a project opponent submits the attorney general's 18-page list of potential greenhouse gas mitigation measures, when many of the measures in the list may not be appropriate for a particular project.  On June 30, 2011, the Court of Appeal for the Second Appellate District held that the lead agency is not required to explain why each of the proposed measures is inappropriate for the project at issue. 

Jim Kennedy may have taken the most thankless job in all of California planning. The former planning director of Contra Costa County and longtime board member of the California Redevelopment Association, Kennedy succeeds former executive director John Shirey, who recently became city manager for the City of Sacramento.

There was a time when the biggest opponents to infill development were the interstate highway, the barbeque grill, and the American dream. Following the failure of Assembly Bill 710, you might be able to add advocates of affordable housing to the list.

According to some Fresno locals, it was 30 years ago -- perhaps because of Proposition 13, perhaps because of the falling price of grapes -- that the city at the heart of the San Joaquin Valley went into decline. Since then, accusations of corruption, dismal economics, and nearly unmitigated low-density development have made the city both the butt of jokes and one of the nation's most forlorn urban areas. It has not suffered the spectacular fall of, say, Detroit -- but only because it never rose to Detroit's industrial prominence in the first place. 

Governor Jerry Brown has indicated that he has little patience for new laws that he considers pointless or redundant. He recently noted, in fact, that many of the laws passed during the recent legsilative session, which ended Aug. 31, try to address problems that haven't gone away on countless previous attempts to legislate them away. So why bother passing new laws?

Therefore, of the 600-plus bills waiting on the governor's desk--including many involving land use--many are likely to get vetoed. Here is a rough list of bills that the governor is considering: 

If you want to know where Jerry Brown is going on redevelopment, just take a look at AB 664 – a bill he signed in late September designed to help San Francisco finance facilities for the 2014 America's Cup race.