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2 May 2022, 9:32 am
Coon of Miller Starr Regalia. [read post]
4 Apr 2022, 1:15 pm
In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence project on a unique, species- and habitat- rich 32-acre site in the City of Livermore’s Garaventa Hills area. [read post]
24 Mar 2022, 4:56 pm
In an opinion originally filed on February 23, and later modified and ordered published on March 22, 2022, the Second District Court of Appeal reversed the trial court’s judgment invalidating the Kern Water Bank Authority’s (“KWBA”) EIR and approval of its own project to divert unappropriated Kern River waters in certain wet years to recharge its Kern Water Bank (“KWB”). [read post]
9 Mar 2022, 2:55 pm
In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. [read post]
1 Mar 2022, 9:13 am
In an opinion filed January 28, and later certified for publication on February 16, 2022, the Third District Court of Appeal affirmed a judgment denying a petition for writ of mandate that challenged on CEQA grounds the El Dorado Irrigation District’s (“EID”) decision to undertake its Upper Main Ditch piping project. [read post]
23 Feb 2022, 11:28 am
In a sprawling, 123-page published opinion filed on February 14, 2022, the Third District Court of Appeal affirmed in part, and reversed in part, judgments in consolidated CEQA actions challenging Placer County’s EIR for its approval of a specific plan and rezoning to permit residential and commercial development and preserve forest land in the Martis Valley near Truckee and Lake Tahoe. [read post]
8 Feb 2022, 10:29 am
In an opinion filed on December 29, 2021, and later ordered published on January 25, 2022, the First District Court of Appeal (Div. 4) affirmed a judgment upholding the City of Newark’s (City) use of Government Code § 65457’s CEQA exemption for a 469-lot residential subdivision on land adjacent to San Francisco Bay. [read post]
24 Jan 2022, 11:03 am
The Ditech decision should serve as a reminder to policyholders and insureds alike to review all communications relating to the notice of claim provided to the insurer. [read post]
23 Jan 2022, 2:03 pm
Channel Lumber Co. (1997) 51 Cal.App.4th 1447, 1450; 2A Miller & Starr, Cal. [read post]
3 Jan 2022, 11:29 am
In a lengthy, but mostly unpublished, opinion filed December 16, 2021, the Fourth District Court of Appeal affirmed the trial court’s judgment rejecting a petitioner group’s CEQA, Planning and Zoning Law, and procedural due process/fair hearing challenges to the City of San Diego’s approval of a four-lane road connecting existing developments. [read post]
20 Dec 2021, 1:36 pm
Coon of Miller Starr Regalia. [read post]
17 Dec 2021, 11:52 am
In an opinion filed November 15, and later ordered published on December 14, 2021, the Sixth District Court of Appeal reaffirmed the basic CEQA principle that required environmental review and analysis must precede project approval, and it applied that principle to invalidate the California Coastal Commission’s (Commission) approval of a Coastal Development Permit (CDP) for a residential subdivision project in Monterey County. [read post]
8 Nov 2021, 11:52 am
Starr Indemnity & Liability Company, an October 8, 2021 decision of the Northern District of Illinois, applying Illinois Law (a copy of the Astellas decision can be found here). [read post]
8 Nov 2021, 11:52 am
Starr Indemnity & Liability Company, an October 8, 2021 decision of the Northern District of Illinois, applying Illinois Law (a copy of the Astellas decision can be found here). [read post]
8 Nov 2021, 9:43 am
In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of Appeal (in a unanimous opinion authored by Justice Robie) reaffirmed the basic CEQA principle that a “full EIR” must be prepared whenever a project may have any significant environmental effect; it thus reversed the trial court’s judgment that had allowed a… [read post]
4 Nov 2021, 8:45 pm
Coon of Miller Starr Regalia. [read post]
1 Nov 2021, 2:04 pm
Coon of Miller Starr Regalia. [read post]
26 Oct 2021, 4:48 pm
In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the University’s benefit, and in which it had a strong vested interest – were necessary parties, but were not indispensable parties to a CEQA action challenging the project EIR under the factors of the Code of Civil Procedure (“CCP”) § 389(b). [read post]
26 Oct 2021, 9:53 am
Coon of Miller Starr Regalia. [read post]
21 Oct 2021, 4:44 pm
In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. [read post]
