CP&DR

Bumblebee Represents Latest Endangered Species Challenge

by Alexandra Friedman on Aug 26, 2024

Bumblebee, Endangered Species, Insects, Natural Communities Conservation Planning, San Bernardino County, San Joaquin County

Listing of insects could make landscape-level conservation planning more difficult because of challenges in identifying habitat.

Your LAFCO's Power Isn't Limitless

by William Fulton on Oct 16, 2022

Annexations, Fire Protection, LAFCO, San Joaquin County, Tracy

Stepping into a longstanding dispute over fire protection service in Tracy, the San Joaquin LAFCO gets its wings clipped for trying to impose a proactive "detachment" policy.

Court Upholds Use Permit for Walmart Supercenter

by By Katherine J. Hart, Abbott & Kindermann, LLP on Aug 8, 2012

Big boxes, California Environmental Quality Act, Legal Digest, San Joaquin County, Vol. 27 No. 8, August 2012

Citizens for Open Government v. City of Lodi involves the consolidation of three separate actions revolving around the City of Lodi's approval of a conditional use permit (CUP) for a shopping center to be anchored by a Wal-Mart Supercenter.

First Opinion Published On CEQA Energy Analysis

Oct 5, 2009

California Environmental Quality Act, Legal Digest, Paul Shigley, San Joaquin County, Vol. 24 No. 13 Oct 2009 - 1

A city may determine that a project has no significant effects on energy consumption if it exceeds the California Building Energy Efficiency Standards, the Third District Court of Appeal has ruled. The ruling appears to be the first on an environmental impact report's analysis of how a project might affect energy use, an area of the California Environmental Quality Act receiving increased attention because of concerns about climate change.

Court Rejects In-Lieu Housing Fee Methodology

Mar 30, 2009

Housing, Legal Digest, Paul Shigley, San Joaquin County, Vol. 24 No. 04 Apr 2009

The City of Patterson's in-lieu affordable housing fee has been invalidated by the Fifth District Court of Appeal, which rejected the city's methodology for setting the fee. Homebuilders celebrated the decision as a victory in their long fight to constrain development fees, while affordable housing advocates and municipal attorneys described the ruling as limited.

Central Valley Extortionist Wins Partial Verdict Reversal

Mar 26, 2009

Corruption, CP&DR Staff, Featured Articles, San Joaquin County, Vol. 24 No. 04 Apr 2009

A former San Joaquin County political operative who was convicted of corruption in 2005 has had five of 17 guilty counts thrown out by the Ninth U.S. Circuit Court of Appeals. The appellate panel overturned counts of attempted extortion against Monte McFall but upheld conviction on 12 counts of extortion, mail fraud and witness tampering.

Stockton Property Acquisition Rejected; City Gets Another Chance

Mar 16, 2009

CP&DR Staff, Eminent domain, Legal Digest, San Joaquin County, Vol. 24 No. 04 Apr 2009

The City of Stockton had no right to take private property on which it later built a minor league baseball stadium, the Third District Court of Appeal has ruled. "This is a case of ‘condemn first, decide what to do with the property later," Justice Kathleen Butz wrote for the unanimous three-judge appellate panel.

Court Calls LAFCO Approval Necessary For Special District Service Expansion

Jul 15, 2008

CP&DR Staff, Legal Digest, San Joaquin County, Vol. 23 No. 08 Aug 2008

An irrigation district that provides wholesale electricity may not begin providing retail electric service without approval of the Local Agency Formation Commission, the Third District Court of Appeal has ruled.

In a related decision, the Third District also ruled that the irrigation district may not depose two members and the executive officer of the Local Agency Formation Commission (LAFCO) for the district's lawsuit regarding denial of the retail electricity service application. Both decisions bolster the authority and integrity of LAFCOs.

Fast Growing Stockton Faces Many Issues, Many Lawsuits

Jan 31, 2008

Downtown planning, Local Watch, Paul Shigley, San Joaquin County, Vol. 23 No. 02 Feb 2008

A slew of land use issues are converging on Stockton, an older Central Valley city that is simultaneously struggling to revitalize its downtown and deal with a political environment that is both pro-growth and environmentally conscious.

Farmland Mitigation Takes Root

May 29, 2007

Central Valley, Featured Articles, Paul Shigley, San Joaquin County, Vol. 22 No. 06 Jun 2007

Local governments in the Central Valley are starting to adopt policies that require developers to mitigate the conversion of farmland to urban uses, primarily by acquiring agricultural easements or paying in-lieu fees. San Joaquin County has become a hotbed for the new policies, and farmland advocates are hoping to export those policies to other places.