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State "Incentives" To Charter Cities To Use Prevailing Wage Struck Down

A state law that prohibits charter cities from receiving state funds for a public construction project if it allows the contractors to not pay prevailing wage has been upheld by a split appellate court.

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Upland Mobile Dispensary Ordinance Not Subject to CEQA, Court Rules

In the second medical marijuana ruling out of the City of Upland in the last week, the Fourth District Court of Appeal has ruled that Upland's ban on mobile medical marijuana dispensaries is not subject to the California Environmental Quality Act.

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One Win, One Loss For Cities In Marijuana Cases

Local governments in the Inland Empire won one and lost one in rulings about medical marijuana, both from the same panel of justices on the Fourth District Court of Appeal.

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City Doesn't Inherit Redevelopment Housing Obligations, Appellate Court Rules

In the latest chapter of a long-running legal battle over affordable housing and redevelopment in Fontana, the Fourth District Court of Appeal has ruled that the city is not required to take on the former redevelopment agency's affordable housing obligations.

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Denial of Upzoning Might Create Disparate Impact Under Fair Housing Law, Ninth Circuit Rules

The Ninth U.S. Circuit Court of Appeals has reversed a trial judge and ruled that the City of Yuma's refusal to approve an upzoning might constitute a disparate racial impact under the federal Fair Housing Act.

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Disputed Redevelopment Funds Can't Be Withheld, Court Rules

Under Proposition 22, neither the state Board of Equalization nor a county auditor-controller can constitutionally withhold tax funds as part of a redevelopment dispute, as called for by AB 1484, the 2012 bill that cleaned up the redevelopment wind-down, the Third District Court of Appeal has ruled.

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Second District Upholds L.A. Billboard Restrictions

The Second District Court of Appeal has ruled that the City of Los Angeles's ban on billboards advertising offsite businesses is not content-based and therefore not subject to the "strict scrutiny" test under free-speech clauses in either the U.S. or California constitution.

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Community Character Under CEQA Limited to Aesthetics, Appellate Court Rules

Resident concerns about the social and psychological impact associated with the conversion of a horse-boarding facility to a 12-lot subdivision do not constitute a "community character" issue requiring an environmental impact report, the Fourth District Court of Appeal has ruled.

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How Scalia Found His Voice

Thirty years ago, in his first big majority opinion -- a land-use case from the California coast -- Antonin Scalia found the colorful and irreverent style that came to distinguish his career on the Supreme Court. And with one clean swipe, he knocked William Brennan out of the box and became the intellectual leader of the court.

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Carlsbad Voters Reject Tuolomne Tactic

In an absurd twist on use of the Tuolomne Tactic, Carlsbad voters have apparently overturned the city council’s decision to adopt a proposed ballot initiative approving a specific plan that would permit developer Rick Caruso to move forward with a shopping center.

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Ballot Initiative Takes Aim at Planning in Los Angeles

On the morning of Wednesday, November 9, while the nation takes stock of its future, its second-largest city will be doing the same. By then, the proposed Hollywood Palladium Residences may be one of two things: a proud testament to a progressive city's embrace of smart growth, or a 28-story symbol of the hubris of Los Angeles' planning and development community.

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Cal Supremes Deny Rehearing In Newhall Ranch Case

The California Supreme Court has denied a rehearing in Center for Biological Diversity v. Los Angeles County, the major challenge to the environmental impact report on the Newhall Ranch project.

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Presidio Trust Didn't Violate Historic Preservation Law In Planning New Development, Ninth Circuit Rules

The Ninth U.S. Circuit Court of Appeals has ruled that The Presidio Trust can move forward with the construction of a 12-building complex commonly referred to as a "lodge" in the vicinity of the Main Parade Ground. In so doing, the court rejected arguments from the Sierra Club and a variety of historic preservation organizations that doing so would violate the Presidio Trust Act. The court also rejected the argument that the Presidio Trust's actions did not meet the consultation requirements contained in Section 110f of the National Historic Preservation Act.

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Billboard Company Has No Case Against City of Corona, Court Rules

An outdoor advertising company that erected a billboard without permits in the City of Corona was not discriminated against and did not have its constitutional rights violated by the city's action, the Fourth District Court of Appeal has ruled.

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Insight: Consensus, Not Clarity, From Cal Supremes on CEQA

Now that comprehensive legislative reform of the California Environmental Quality Act seems unlikely, all eyes are turning to the California Supreme Court - if not for reform, then at least for clarity that will make the world of CEQA a little simpler, a little cleaner, and a little more understandable.

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Fish & Wildlife Created Physical Taking In Flooding Del Norte Subdivision

In a 61-page opinion, the Third District Court of Appeal has ruled that the Department of Fish & Wildlife's actions in managing coastal flooding around Lake Tolowa and Lake Earl in Del Norte County constituted a physical taking of the adjacent landowners' property. 

However, the Third District also ruled that the regulatory processes that led to the periodic flooding of the nearby property did not constitute a regulatory taking on the part of the Coastal Commission.

The case involves the Pacific Shores subdivision in Del Norte County, located along the beach just a few miles south of the Oregon border. The 1,500-lot subdivision itself was approved in 1963. Infrastructure such as roads is in place. But no homes have ever been built on the property, partly because the Coastal Commission has never approved a local coastal program land use plan for the area.

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OPR Revises SB 743 Guidance, Putting Thresholds in "Advisory" Category

A new set of recommendations for implementing SB 743 ï¿½ which would require traffic analysis to be based on vehicle miles traveled -- proposes moving many proposed significance thresholds from the legally binding CEQA guidelines to a technical advisory memo. These recommendations also call for stricter thresholds on the so-called "regional averages" and provide simpler methodologies for dealing with safety issues. The thresholds of significance are important because they often trigger an environmental impact  report.

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Hyperloop and Hyperbole

On December 21, the Falcon 9 rocket launched from Cape Canaveral, deployed a suite of communications satellites, and, in impressive fashion, came back down to Earth. Using its engines to dull the force of gravity, it survived re-entry and hit its football-field sized landing pad like a Tesla backing into a garage.

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No Triable Issue of Fact in AirBNB-Related Eviction Case

A Venice tenant who was renting her attic or loft out through AirBNB does not have a "triable issue of fact" on an eviction case brought against her by her landlord, the appellate division of the Los Angeles County Superior Court has ruled.

The case highlights one of a myriad of legal issues created by the such online services as AirBNB, which facilitates occupants of regular housing to rent out their bedrooms as if they were hotels, often in violation of zoning ordinances and homeowner association rules.

The case involved Joella Kraft, who lived in a rent-controlled unit in the Venice neighborhood in Los Angeles pursuant to a written agreement with the property's then-landlord dating back to 1997, which also permitted her two then-young sons to live there on a part-time basis.

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Sponsored Announcement: International Change Makers of the Built Environment Come Together in L.A. for FutureBuild

ULI Los Angeles, in partnership with VerdeXchange, announces FutureBuild 2016. This assembly of the land-use thinkers and innovators in business and government, local and worldwide, will be Tuesday, January 26, 2016, 7:30 am to 1:30 pm, at L.A. Downtown Hotel, 333 S. Figueroa Street, Los Angeles, CA 90071.

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