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Pre-1915 subdivisions not validated by Map Act grandfather provisions

Sheppard Mullin Richter & Hampton LLP
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USA
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July 31 2008

Plaintiff Witt Home Ranch, Inc. (“Ranch”) argued that a 1915 subdivision map qualified under a statutory grandfather provision, section 66499.30(d) of the Government Code, which recognizes antiquated subdivision maps that were recorded in compliance with “laws... regulating the design and improvement of subdivisions” in effect at the time of the map’s recordation

Supreme Court raises the bar: holds Prop. 218 requires court to exercise independent judgment regarding validity of assessments and places burden of proof on assessing agency

Sheppard Mullin Richter & Hampton LLP
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USA
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July 18 2008

The California Supreme Court declared that Proposition 218 “changed the law governing assessments” in this unanimous decision issued on July 14, 2008, and applied the “new law” to invalidate assessments levied by a special district to fund the acquisition of unspecified “open space.”

Ad hoc zoning exceptions impermissible, even in development agreements: Neighbors in Support of Appropriate Land Use, et al v County of Tuolumne, et al

Sheppard Mullin Richter & Hampton LLP
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USA
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January 2 2008

With a resounding no, the California Court of Appeal for the Fifth District answered the question of whether a county can permit the use of real property that is not allowed by the zoning ordinance even if the county grants a zoning exception in a development agreement

Third District Court of Appeals deals blow to "streamlined zoning"

Sheppard Mullin Richter & Hampton LLP
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USA
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January 24 2008

In a victory for public participation advocacy groups and a defeat to efforts to increase efficiency in the planning and development process, the California Court of Appeals for the Third District struck down Sierra County’s “streamlined zoning process,” which had permitted the county to provide notice of a legislative public hearing on a zoning ordinance or zoning ordinance amendment before the legislative body received a planning commission recommendation

In a case alleging an illegal tie "zero foreclosure" means "zero case"

Sheppard Mullin Richter & Hampton LLP
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USA
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February 7 2008

Defendants were realtors in Boise, Idaho

Test for preparation of supplemental or subsequent EIR is significance of impacts from project modifications, not the modifications

Sheppard Mullin Richter & Hampton LLP
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USA
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August 15 2007

In Mani Brothers Real Estate Group v. City of Los Angeles, the Second District Court of Appeal of California addressed the issue of whether the City of Los Angeles (the “City”) and the Los Angeles Community Redevelopment Agency (the “CRA”) properly relied on a 2005 Addendum to a 1989 environmental impact report (“EIR”) in approving a modified project

Getting in the way of a right of way

Sheppard Mullin Richter & Hampton LLP
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United Kingdom
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August 31 2007

Having a suitable right of access is an essential part of ownership or use of land and property

Five-year statute of limitations applies to unrecorded rules of homeowners association

Sheppard Mullin Richter & Hampton LLP
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USA
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March 26 2008

The California Court of Appeal for the Fourth District recently held that the five-year statute of limitations in the Code of Civil Procedure (CCP) section 336 for challenges to restrictions on the use of real property applies to a homeowners association's unrecorded rules or guidelines

New California law requires additional steps for foreclosures

Sheppard Mullin Richter & Hampton LLP
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USA
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August 19 2008

Effective July 8, 2008, the State of California enacted new requirements for foreclosures on owner-occupied properties, as well as a new requirement for eviction of tenants by the purchaser at a foreclosure sale

HUD delays effective date of builder incentive ban

Sheppard Mullin Richter & Hampton LLP
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USA
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January 8 2009

Since 1992, HUD has allowed all companies - including homebuilders, real estate brokers and mortgage lenders - to offer incentives to consumers as an inducement to the consumers to use the company's affiliated settlement service provider as long as the settlement service provider's service is separately offered and as long as the incentive is genuine, meaning it is not offset by higher prices elsewhere in the transaction

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Search results

Pre-1915 subdivisions not validated by Map Act grandfather provisions

Supreme Court raises the bar: holds Prop. 218 requires court to exercise independent judgment regarding validity of assessments and places burden of proof on assessing agency

Ad hoc zoning exceptions impermissible, even in development agreements: Neighbors in Support of Appropriate Land Use, et al v County of Tuolumne, et al

Third District Court of Appeals deals blow to "streamlined zoning"

In a case alleging an illegal tie "zero foreclosure" means "zero case"

Test for preparation of supplemental or subsequent EIR is significance of impacts from project modifications, not the modifications

Getting in the way of a right of way

Five-year statute of limitations applies to unrecorded rules of homeowners association

New California law requires additional steps for foreclosures

HUD delays effective date of builder incentive ban

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