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27 Jun 2023, 3:15 pm by Arthur F. Coon
In a published opinion filed June 13, 2023, the Second District Court of Appeal (Div. 8) affirmed the trial court’s judgment rejecting CEQA challenges to the City of Pomona’s (City) use of a statutory exemption – under Public Resources Code § 21083.3(a), (b) and CEQA Guidelines § 15183 – for its adoption of a zoning overlay district allowing commercial cannabis activities at specific locations within the City’s boundaries. [read post]
20 Jun 2023, 8:42 am by Arthur F. Coon
In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus. [read post]
15 Jun 2023, 12:10 pm by Arthur F. Coon
In a published opinion filed June 7, 2023, the Fifth District Court of Appeal held the trial court erred in applying California’s interrelated factors test to deny a preliminary injunction in a CEQA case. [read post]
22 May 2023, 10:58 am by Arthur F. Coon
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three high-rise office towers (the “Project”) on an eight-acre downtown site containing several historic structures which the Project required to be demolished. [read post]
11 Apr 2023, 8:52 am by Arthur F. Coon
In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project) with the sole exception of its wind mitigation measure. [read post]
21 Mar 2023, 1:09 pm by Arthur F. Coon
In a published opinion filed March 8, 2023, the Second District Court of Appeal (Division 8) affirmed the trial court’s judgment denying writ relief in a lawsuit challenging approval of a CEQA-exempt eldercare facility project in Pacific Palisades, an oceanside area of the City of Los Angeles. [read post]
6 Mar 2023, 11:50 am by Arthur F. Coon
In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street closure project sufficiently stated claims against the city for Vehicle Code, local ordinance, and CEQA violations. [read post]
3 Mar 2023, 10:24 am by Arthur F. Coon
In a published opinion filed February 24, 2023, the First District Court of Appeal (Div. 5) reversed a judgment upholding the adequacy of the EIR for the University of California, Berkeley’s long range campus development plan (“LRDP”) and a controversial housing development project at the historic People’s Park. [read post]