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5 Apr 2019, 11:58 am by Arthur F. Coon
In a lengthy opinion filed February 22, and belatedly ordered published on March 25, 2019, the First District Court of Appeal (Div. 1) affirmed the trial court’s judgment denying a petition for writ of mandate challenging the EIR for a mixed use business and residential project (the “5M Project”) on 4 acres in downtown San Francisco. [read post]
10 Nov 2016, 8:58 am by Arthur F. Coon
On November 7, 2016, the Third District Court of Appeal filed a published opinion mostly upholding the EIR for a 48.75-acre, 328-unit residential infill project (known as McKinley Village) against various CEQA challenges, and finding the Project to be consistent with the City of Sacramento’s general plan. [read post]
1 Apr 2020, 4:33 pm by Arthur F. Coon
In a published opinion filed March 24, 2020, the Fourth District Court of Appeal (Division One) reversed a judgment of dismissal with prejudice, entered by the San Diego County Superior Court after sustaining a demurrer without leave on statute of limitations grounds to a group’s action challenging the CEQA review for Caltrans’ Interstate 5 (I-5)/State Route 56 (SR 56) freeway interchange project (the “Project”). [read post]
11 May 2021, 11:48 am by Arthur F. Coon
The Lands Commission’s 2017 Supplemental EIR And Approval of the Lease Modification The Lands Commission, as responsible agency, then proceeded to prepare a 2017 Supplemental EIR, consisting of 2,816 pages, after determining that the City’s 2010 Subsequent EIR retained relevance and informational value, and that only minor additions or changes would be needed to make it adequately apply to the changed circumstances. [read post]
20 Aug 2018, 11:14 am by Arthur F. Coon
The Court of Appeal’s Opinion In its 26-page opinion affirming the trial court’s judgment requiring an EIR before the Project could proceed, the Court of Appeal set forth a number of significant and interesting points and holdings: CEQA is interpreted to afford the fullest possible protection to the environment within its language’s reasonable scope; the EIR is the “heart of CEQA”; and fostering informed self-government through public participation is an… [read post]
15 Sep 2014, 10:09 am by Arthur F. Coon
  Key holdings and “takeaways” from the 48-page opinion, which was authored by noted CEQA jurist Justice Ronald Robie, included: County’s arguments that its tentative map approval was not a CEQA “project” at all, or that it was exempt under the common sense exemption, such that CEQA review was not legally required, were not “barred. [read post]
7 Apr 2014, 5:18 pm by Arthur F. Coon
In an exceptionally thorough and well-reasoned opinion, the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging respondent 14th District Agricultural Association’s (District) approval of a rodeo event to be held at the Santa Cruz County Fairground pursuant to the CEQA Guidelines’ Class 23 categorical exemption. [read post]
5 Jan 2015, 3:22 pm by Arthur F. Coon
In a decision filed December 2, and later ordered published on December 30, 2014, the First District Court of Appeal affirmed the Mendocino County Superior Court’s judgment denying a petition for writ of mandate challenging a Nonindustrial Timber Management Plan (NTMP) for 615 acres adjacent to Gualala. [read post]
18 Mar 2015, 9:01 pm by Marci A. Hamilton
Third, Judge Randa held that under RFRA, the inclusion of even a single penny from the Cemetery Trust in the bankrupt’s estate would impose a “substantial burden” on the Archdiocese. [read post]
11 Aug 2015, 5:46 am by Lloyd J. Jassin
 If there is no written agreement, or the agreement fails to address the issue, an uncooperative co-author (or a deceased co-author's estate) can prevent the other party from licensing or selling book, film or other rights, as no publisher, or producer, will acquire rights on a non-exclusive basis. [read post]
23 Dec 2022, 7:55 am by Lloyd J. Jassin
  If there is no written agreement, or the agreement fails to address the issue, an uncooperative co-author (or a deceased co-author's estate) can prevent the other party from licensing or selling book, film or other rights, as no publisher, or producer, will acquire rights on a non-exclusive basis. [read post]
16 Jul 2018, 6:42 pm
., "Se requiere el desarrollo de la cultura sobre el papel, funcionamiento, límites y formas de control estatal y social sobre el mercado").These theoretical premises have been much in evidence since 2011, but especially after December 2017. [read post]
12 Oct 2015, 3:34 am
Dobson, supra.The court then explains how the inadvertent disclosure of the communication occurred:[i]n the course of providing discovery to the government, Gott's trial counsel gave the government three documents, consisting of four pages, which contained statements by Gott that were subject to the attorney-client privilege or were work product. [read post]
29 Jul 2016, 1:07 pm by Lloyd J. Jassin
 If there is no written agreement, or the agreement fails to address the issue, an uncooperative co-author (or a deceased co-author's estate) can prevent the other party from licensing or selling book, film or other rights, as no publisher, or producer, will acquire rights on a non-exclusive basis. [read post]
8 Nov 2018, 8:25 am
Abstract: All along these pages that basically are a reflection of our joint presentation carried out within the framework of the IV International Seminar UJI/URV on Corporations and Human Rights (Castellon, October, 2018), we propose our critical insights, from the International private law perspective, of the ruling of the Supreme Court of the United States in the case Jesner v. [read post]
11 Aug 2015, 5:46 am by Lloyd J. Jassin
 If there is no written agreement, or the agreement fails to address the issue, an uncooperative co-author (or a deceased co-author's estate) can prevent the other party from licensing or selling book, film or other rights, as no publisher, or producer, will acquire rights on a non-exclusive basis. [read post]
17 Feb 2023, 12:31 pm by Lloyd J. Jassin
 If there is no written agreement, or the agreement fails to address the issue, an uncooperative co-author (or a deceased co-author's estate) can prevent the other party from licensing or selling book, film or other rights, as no publisher, or producer, will acquire rights on a non-exclusive basis. [read post]
4 Jan 2022, 5:00 pm
Almost half of that capital was invested in real estate, with a clear bias to logistics. [read post]
11 Aug 2015, 5:46 am by Lloyd J. Jassin
 If there is no written agreement, or the agreement fails to address the issue, an uncooperative co-author (or a deceased co-author's estate) can prevent the other party from licensing or selling book, film or other rights, as no publisher, or producer, will acquire rights on a non-exclusive basis. [read post]