Search for: "In the Matter of Estate of Miller"
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7 Sep 2018, 1:15 pm
” Notable points and CEQA holdings from the Court’s published opinion (along with my own observations regarding some of them) include: As a general matter, “CEQA operates, not by dictating pro-environmental outcomes, but rather by mandating that “decision-makers and the public” study the likely environmental effects of contemplated government actions and thus make fully informed decisions regarding those actions. [read post]
27 Aug 2018, 4:37 pm
As a factual matter, the Court noted the EIR compared existing traffic conditions at 60 studied intersections (based on an expert traffic consultant’s actual observations of 2010 conditions) to projected traffic in 2025, and explained that while traffic is expected to worsen, the Housing Element itself does not generate new trips, but provides direction for how inevitable new residential development should occur, emphasizing affordability. [read post]
20 Aug 2018, 11:14 am
In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial court’s judgment setting aside the City of Fremont’s approvals of a mixed residential/retail project (“Project”) and related Mitigated Negative Declaration (“MND”), and ordering preparation of an EIR based on the Project’s potentially significant aesthetic and traffic impacts on the Niles historical district. [read post]
1 Aug 2018, 3:39 pm
In an opinion filed June 28, and later ordered modified and published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s $21,160.46 cost award in favor of a prevailing party public agency for costs associated with preparing the administrative record in a CEQA case, despite petitioner’s election to prepare the record, where the petitioner had unreasonably delayed and the agency acted reasonably. [read post]
1 Aug 2018, 7:19 am
The 10 lawyers with Dupuis & Polozola are experienced in all phases of upstream oil and gas exploration and production, handling transactional, regulatory, and litigation matters, as well as business and corporate, and real estate matters. [read post]
30 Jul 2018, 10:46 am
Bell presented two arguments in opposition to Embassy’s claim: (1) that Embassy could not prove, as a matter of law, that Robert could not have paid his own debts, and (2) that the claim was time barred by the six-month statute of limitations for filing claims against a decedent’s estate under R.C. 2117.06. [read post]
30 Jul 2018, 10:24 am
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
16 Jul 2018, 7:15 am
She received her law degree from Widener University and regularly advises homeowners and individuals on legal matters ranging from tax assessment appeals to domestic relations matters and estate planning. [read post]
9 Jul 2018, 10:16 am
Therefore, because Robert’s estate was never given the opportunity to pay the claim, Embassy cannot, as a matter of law, prove an essential element of a necessaries claim. [read post]
3 Jul 2018, 1:52 pm
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
25 Jun 2018, 2:40 pm
In a published opinion filed June 13, 2018, the Second District Court of Appeal (Div. 4) affirmed a judgment denying a writ of mandate and declaratory relief in an action challenging the California State Lands Commission’s (“Commission”) determination that CEQA Guidelines § 15301’s categorical exemption for “existing facilities” applied to its renewal of PG&E’s leases of state-owned lands needed to operate the Diablo Canyon nuclear power plant until… [read post]
19 Jun 2018, 2:29 pm
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
8 Jun 2018, 11:34 am
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
4 Jun 2018, 12:10 pm
In some ways, this case’s result might be viewed as a matter of “white hats” versus “black hats. [read post]
7 May 2018, 6:00 am
Miller Corporate/M&A: Alternative EntitiesRoss Antonacci*Lewis Ledyard*Real Estate**John M. [read post]
4 May 2018, 12:24 pm
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
20 Apr 2018, 6:04 pm
In affirming the trial court’s judgment in full, the Court of Appeal soundly rejected all of RCAs arguments, ruling as follows: As a matter of law, the RFEIR did not lack the “accurate, stable and finite project description” encompassing the “whole of [the] action” that is required by CEQA. [read post]
3 Apr 2018, 4:20 pm
SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of 2008. [read post]
3 Apr 2018, 10:19 am
The court says cases broadly recognize the right to record “matters of public interest. [read post]
26 Mar 2018, 4:29 pm
Whether an activity meets the definition of a categorically exempt project is determined by courts as a matter of law. [read post]
