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10 Oct 2023, 8:40 am
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions challenging the 2021 project/program EIR for the Comprehensive Parnassus Heights Plan. [read post]
29 Jul 2019, 4:47 pm
In an opinion originally filed June 28, and later certified for partial publication on July 22, 2019 (upon the request of the California Building Industry Association), the Second District Court of Appeal affirmed a judgment denying a CEQA writ petition challenging a project converting a vacant former apartment building into a boutique hotel in Los Angeles’ Hollywood area. [read post]
3 May 2021, 9:58 am
In an 85-page opinion filed March 25, and modified and certified for partial publication on April 23, 2021, the First District Court of Appeal affirmed the Napa County Superior Court’s judgment denying a writ petition challenging the County’s EIR and approvals for an expansion of Syar Industries, Inc. [read post]
3 Apr 2018, 4:20 pm
SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of 2008. [read post]
22 May 2023, 10:58 am
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]
18 Aug 2016, 8:22 am
In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial court’s judgment and remanded with directions to issue an order partially granting CBIA’s writ of mandate and to consider CBIA’s requests for declaratory relief and attorneys’ fees. [read post]
15 May 2023, 11:09 am
In consolidated litigation challenging on CEQA and Coastal Act grounds the Coastal Commission’s amendment of a coastal development permit (CDP) to (among other new use restrictions) completely phase out off-highway vehicle (OHV) use at the apparently inaptly-named Oceano Dunes State Vehicular Recreation Area (Oceano Dunes), the Second District Court of Appeal (Div. 6) affirmed the trial court’s order denying a motion to intervene filed by a number of interested nonparties (the Northern… [read post]
11 Oct 2017, 11:39 am
In a published opinion filed September 28, 2017, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment denying appellant Living Rivers Council’s (LRC) writ petition challenging the State Water Resources Control Board’s (the “SWRCB” or “Board”) approval of a policy designed to maintain instream flows in coastal streams north of San Francisco. [read post]
18 Jun 2015, 12:58 pm
In one of the most widely followed land use cases in recent years, the Supreme Court of California unanimously upheld the City of San Jose’s affordable housing ordinance because it was intended to advance the constitutionally permissible public purposes of increasing the amount of affordable housing in the community and promoting economically diverse developments. [read post]
4 Aug 2014, 3:17 pm
While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated opposition are involved this salutary statutory scheme sometimes goes off track. [read post]
8 Oct 2013, 11:59 am
The important legislative policy of expediting CEQA litigation sometimes inevitably conflicts with the policy favoring resolution of cases on their merits. [read post]
28 Oct 2024, 11:13 am
Lawyers, like all humans, experience the full gamut of life’s difficulties. [read post]
12 Aug 2024, 10:42 am
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. [read post]
22 Feb 2023, 12:21 pm
The Bankruptcy Code does not define "adverse" interest, but several courts have explained that any “economic interest that tends to lessen the value of the bankruptcy estate” or “predisposition under circumstances that renders a bias against the estate” would be an interest against the estate. [read post]
19 Jul 2009, 6:46 am
It appears that there will be no lack of creditors, making claims against the estate. [read post]
29 Aug 2008, 6:23 pm
Huff Trust (collectively "Beneficiaries"), appeal the trial court's grant of summary judgment to Maxine Huff and the Estate of Wayne Huff ("Wayne's Estate"). [read post]
19 Jun 2014, 4:00 am
When Willard’s widow sought to reopen his estate in order to exercise her statutory authority to waive the privilege for estate settlement purposes, the North Carolina Supreme Court, in In re Miller, 357 N.C. 316 (2003), found that her true purpose was not to effectuate the goals of the estate but to uncover information relevant to the murder investigation. [read post]
20 Feb 2007, 7:00 am
"Estates worth millions of dollars are still something relatively new. [read post]
18 Sep 2023, 4:34 am
” Noncompliance with the statute renders an attempted conversion “ineffective” (Miller v Ross, 43 AD3d 730 [1st Dept 2007]). [read post]
26 Mar 2012, 6:28 am
A hundred years ago, Athol was an industrial town with a huge manufacturing jobs base, fueled by the free water power of the Millers River. [read post]
