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22 Jul 2009, 11:10 am
But none of them mentions the impact of the net equity calculation on whether and the extent to which one shares in Madoff’s estate, in “customer property. [read post]
15 Feb 2019, 11:41 am
Instead, the ABA has a 30 plus page checklist of all the factors to consider when drafting an operating agreement for a multi-member LLC. [read post]
24 Aug 2012, 6:00 am
China’s real estate bubble is deflating. [read post]
24 Aug 2008, 6:56 pm
A very typical planning device often used by estate planning attorneys. [read post]
23 Aug 2017, 9:01 pm
Most importantly, Linton’s arguments are actually the same arguments that Republicans have been making for decades in order to justify reducing taxes for the wealthiest Americans.Linton happens to be married to a billionaire who in turn just happens to be the Treasury Secretary, and her husband is actively developing and promoting what is shaping up to be a hugely regressive tax plan that Donald Trump and the Republicans in Congress will try to pass off as middle-class-friendly.Therefore, what… [read post]
30 Mar 2020, 2:52 pm
Efforts are underway to maintain the recording indices in various parishes, and at least two-thirds (2/3) of parishes are now able to regularly update their index, which is critical to performing title searches required for real estate closings. [read post]
4 Aug 2014, 3:17 pm
As deftly as a hobo leaping from a moving freight car, however, the Court of Appeal dodged the “complex, difficult, and controversial subject” of the broader ICCTA preemption issue in a 20-page analysis supporting its ultimate conclusion that “on the specific record before us it is clear that an exception to preemption, namely the market participation doctrine applies. [read post]
21 Aug 2017, 10:14 am
Key Points Key takeaways from the Court’s 28-page opinion include: “Exhaustion of administrative remedies is a jurisdictional prerequisite to maintenance of a CEQA action. [read post]
3 Jun 2009, 1:02 am
Lawyers last week filed their first fee requests, which total more than $1 million for those representing the bankrupt estate. [read post]
9 Jan 2016, 1:21 pm
” It also concluded appellants failed to show reversible error in the “No-Program Alternative” analysis, failed to show the EIR inadequately analyzed several areas of impacts, and forfeited some substantial evidence challenges by failing to lay out the relevant evidence in the 70,000-plus page administrative record. [read post]
23 Mar 2020, 10:56 am
County of Kern, et al. (2020) ___ Cal.App.5th ___; my March 3, 2020 post on the unmodified, partially-published, 150-page opinion can be found here. [read post]
27 Jun 2023, 3:15 pm
While the interested reader may wish to review the Court’s rather lengthy (49-page slip) opinion for more detail, key points include: Statutory CEQA exemptions, unlike categorical exemptions, “are absolute, which is to say that the exemption applies if the project fits within its terms. [read post]
15 Aug 2016, 10:51 am
In later determining the project would not impact historical resources through a post-approval Mitigated Negative Declaration (MND) – a violation of CEQA noted by the Court but not further analyzed because not raised by plaintiff below or either side on appeal – the City relied on two one-page documents it had obtained in 2004 in connection with a proposed trail project that did not threaten the trestle. [read post]
23 Aug 2021, 4:42 pm
Prior CEQA review for the three landfills includes mitigated negative declarations (MNDs) adopted in 1999 for each landfill in connection with updated operating permits, and a 2012 four-page addendum to all three MNDs addressing amendments to the operating permits related to increases in maximum daily disposal tonnage and average daily tons, a correction of the disposal footprint, and changes to the estimated closure dates. [read post]
12 Oct 2016, 12:47 pm
RESPA Issues The next 20 pages of the opinion castigate the CFPB for its “aggressive” interpretation of the anti-kickback provisions of RESPA. [read post]
10 Jan 2014, 4:10 pm
The City issued a 12-page report, entitled “Certificate of Determination of Exemption,” for the project, which set forth its determination that the new Ordinance was categorically exempt from CEQA as a regulatory action that would protect natural resources and the environment (14 Cal. [read post]
8 Nov 2021, 9:43 am
After finding that the project challengers had raised a number of fair arguments, supported by substantial evidence, of specific potential adverse environmental impacts, that court stated, in footnote 11 at page 402 of its opinion: “By limiting our discussion to the specific aspects of the Project which were challenged by Audubon, we do not mean to suggest than an EIR can or should be limited to, or focused on, those aspects. [read post]
26 Feb 2019, 10:24 am
Thereafter, on February 8, 2019, the First District filed its published opinion after rehearing, reaching the same result as it previously did – that the CEQA claim was not time-barred – but this time with fractured reasoning featuring additional lead opinion text and an approximately two-page concurring opinion. [read post]
28 Jun 2017, 3:22 pm
While in the context of a fully vetted petition for review the Court may properly decide to grant or to deny and depublish, for a losing party to skip straight to a depublication request premised on a 10-page letter claiming the decision is wrong is a dubious procedural gambit that cheapens the judicial process. [read post]
30 Oct 2011, 6:25 am
Anderson’s presentation also included the following disclaimer: Points of view or opinions expressed in these pages are those of the speaker(s) and/or author(s). [read post]
