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14 Apr 2015, 1:43 pm
2015 is shaping up as a year of significant developments in land use law thanks to the Governor, the Legislature, and the courts. [read post]
7 Aug 2015, 12:12 pm
by Michael Zischke and James Purvis In the legal world, the word “dictum” refers to words in a court opinion which are best considered non-binding “remarks” or “comments. [read post]
26 Aug 2016, 5:06 pm
In a decision that should provide more certainty for the development of residential infill and transit-oriented projects, the Court of Appeal recently held that the California Environmental Quality Act (CEQA) “cannot be used by a lead agency to require a developer or other agency to obtain an EIR or implement mitigation measures solely because the occupants or users of a new project would be subjected to” contaminant levels above an air district’s thresholds of significance. [read post]
24 Jun 2016, 2:34 pm
Looking only at its name, the Fixing America’s Surface Transportation Act (FAST), a long-term funding bill adopted by Congress in late 2015, would seem to benefit only ground transportation projects. [read post]
7 Dec 2014, 10:00 am
Are there circumstances where it would be possible to change, for example, the general plan land use designation of a 1,000 acre parcel from “open space” to “residential,” “mixed use,” and/or a hotel use without complying with the California Environmental Quality Act, even though potentially significant impacts could result from the change? [read post]
26 May 2016, 6:50 pm
The need for “reform” of the California Environmental Quality Act is acknowledged by development interests and environmental groups alike. [read post]
4 Dec 2015, 1:37 pm
Your land use approval contains a condition – say, the sacrifice of your first born child prior to the issuance of the 50th certificate of occupancy – mandated by a local ordinance which is successfully challenged by someone else a year or two after you start building but before you seek the 50th certificate. [read post]
10 Nov 2015, 11:36 am
It’s frequently important to know when a land use project’s approvals are safe from judicial review. [read post]
7 Dec 2014, 9:59 am
On October 20, 2014, a Superior Court judge struck down the City of Los Angeles’s high-profile ban on billboards. [read post]
20 Jan 2015, 11:08 am
Wouldn’t it be nice if you only had to prepare a mitigated negative declaration (MND), rather than an EIR, before getting your project approved? [read post]
19 Jan 2015, 11:19 am
Digital rendering of the proposed La Bahia Hotel in Santa Cruz The final chapter of the entitlement history of the La Bahia Hotel in the City of Santa Cruz suggests a telling lesson for oceanfront coastal zone projects: keep it simple. [read post]
4 Feb 2016, 2:22 pm
The Cox Castle & Nicholson land use team has prepared a summary of all the 2015 legal developments relating to the California Environmental Quality Act, including all the published court decisions, a very few legislative changes, and developments regarding the CEQA Guidelines. [read post]
18 Jan 2015, 11:06 am
Here’s the continuing message from the courts to public agencies demanding money or land from developers: There must be a strong connection between your exaction and the impacts of a project or else the exaction violates the Constitution. [read post]
20 Jul 2015, 8:54 am
Your lawblogger frankly does not understand how counsel may have failed to impart this importance to the person executing the waiver even though I must confess that I was not a fly on the wall and was not privy to their conversations on this matter. [read post]
18 Nov 2010, 6:35 am
Your lawblogger has always been concerned with the issuance of stranger insurance. [read post]
14 Aug 2014, 9:52 am
Chances are that your lawblogger is not an expert at whatever it is that you do for a living. [read post]
4 Feb 2009, 5:55 am
Your lawblogger finds two points of interest here. [read post]
20 Mar 2010, 2:46 pm
Given, however, that New York has a legislature with an uncanny ability to accomplish absolutely nothing of merit for months at a time (please do not get your faithful lawblogger started on this one!). [read post]
31 Jan 2016, 7:13 am
Your lawblogger remembers him best as Major Tom, whose “Space Oddity” has become a musical classic along with his equally classic “Changes”. [read post]
20 Nov 2016, 2:37 pm
The completely dumb thing about this is that (as your lawblogger has reported at length in earlier posts) a lost will may be admitted to probate in a situation such as this where the loss and disappearance of the document can be explained by the attorney who was its last custodian. [read post]
