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Land Use Developments Blog

Articles: 1-10 of 132

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

USA - April 8 2021 In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal…

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of Labor Union Organizing Laws

USA - March 24 2021 During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a…

Game Changer: Public Agency Cannot Mandate Payment of Attorney Fees Under Indemnity Agreement Without Specific Statutory Authority

USA - March 8 2021 In a low-profile but important new decision, San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, __ Cal.App.5th __ (2021) (Case…

Supreme Court Again Declines to Hear Major Property Rights Case, Leaving in Place Hopelessly Muddled Takings Doctrine

USA - February 23 2021 As former U.S. Supreme Court Justice John Paul Stevens famously explained, more than 30 years ago, about the Supreme Court’s takings cases…

Landowner’s Efforts to Void and Redraw Subdivision Map Fails Under Laches Doctrine

USA - January 28 2021 The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting…

Proposed California Budget Would Create Housing Accountability Unit and Add New Targeted CEQA Exemptions Focused on Housing

USA - January 11 2021 On January 8, 2021 California Governor Gavin Newsom proposed an expansive State Budget that includes $1.75 billion to purchase additional motels…

Court Upholds Coastal Commission Cease and Deist Order Directing Homeowners to Remove Seawall Protecting $25 Million Home and Pay $1 Million Administrative Penalty

USA - December 28 2020 On December 18, 2020, the Fourth District Court of Appeal published 11 Lagunita, LLC v. California Coastal Commission, __ Cal.App.5th __ (2020) (Case…

City “Apartment Rent Ordinance” Survives Constitutional Challenge by Landlords

USA - December 8 2020 In a concise December 7, 2020 opinion, Hotop v. City of San Jose, __ F.3d __ (2020) (Case No. 18-16995), a 3-0 panel of the Ninth Circuit Court of…

Supreme Court Decides to Hear Important Property Rights Case Addressing Whether Time-Limited Easements Are a Physical Taking Under Per Se Rules

USA - November 16 2020 On November 13, 2020, the U.S. Supreme Court issued an order granting certiorari in Cedar Point Nursery v. Hassid. The question presented in the…

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

USA - November 9 2020 On November 5, 2020, in AMCAL Chico LLC v. Chico Unified School District, __ Cal.App.5th __ (2020) (Case No. C087700), a case involving the Chico…