Legal Digest

A federal appeals court has rejected two Sacramento-area cities' challenge of Interior Department decisions that resulted in the development of an Indian casino. The U.S. Circuit Court of Appeal for the District of Columbia ruled that the Interior Department acted within the meaning of the Indian Gaming Regulatory Act (IGRA) and a statute that provided federal recognition to the United Auburn Indian Community.

An appellate court has decided to allow Caltrans to transfer 130 acres near Carmel for use as a state park despite a constitutional provision prohibiting the sale of Caltrans property for less than market value. The court ruled that a constitutional exception for property in the coastal zone applied because about 20% of the property lies within the zone.

An appellate court has published its opinion of what belongs in the administrative record for a California Environmental Quality Act (CEQA) lawsuit. The decision is the second opinion published in the second half of 2003 that addresses directly the contents of the administrative record under CEQA.

A lawsuit contesting the environmental study for the Cal-Fed Bay-Delta project may proceed, the Ninth U.S. Circuit Court of Appeals has ruled. The three-judge appellate panel overturned a district court that ruled the lawsuit was filed too early and threw it out.

An appellate court has given the City of Alameda new life in a lawsuit over the city's attempt to acquire railroad property for far less than market value. The First District Court of Appeal overturned a trial court ruling that a nearly 80-year-old contract between the city and the railroad owner was too vague to enforce.

The state Supreme Court has added two cases involving fees to its expanding list of land use controversies under review.

An appellate court has rejected a psychiatric home developer's challenge to water and sewer connection charges.

Gov. Gray Davis closed out the 2003 legislative year by signing a three-bill package intended to settle the Colorado River water wars.

Arnold Schwarzenegger may or may not know anything about being governor of California, but one thing is for sure: He likes to keep people guessing.

A redevelopment agency may sue a landowner to force cleanup of contaminated property within a redevelopment project area, the Fourth District Court of Appeal has ruled. The court further held that the redevelopment agency need not have expended resources on the cleanup before filing a lawsuit.

A state law that requires developers of housing within the coastal zone to provide low- and moderate-income units does not apply in instances where all of the actual dwelling units are built outside the zone.

The City of San Jose Redevelopment Agency cannot use its power of eminent domain to escape from a contract that gave a company an exclusive right to negotiate a development agreement, the Sixth District Court of Appeal has ruled.

State lawmakers approved few pieces of substantial land use legislation before adjourning for the year in September. Nearly all of the high-profile proposals became two-year bills, meaning they will be revived in some form after the Legislature returns in January.

A federal appeals court has lifted an injunction against a City of Los Angeles billboard inspection fee, finding that the billboard companies that opposed the fee are unlikely to win a First Amendment lawsuit.