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.

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?

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.

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". 

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.

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.

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

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.

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

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.

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

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

An appellate court partially reverses a lower court decision on an anti-SLAPP motion in a case where a city planner sought to drum up opposition to expansion of a Montessori school.

Court found that developer had not pursued all administrative remedies before suing.