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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]
  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]
  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]
27 Mar 2020, 6:32 pm by Arthur F. Coon
In a 74-page opinion filed February 24, and later ordered published on March 17, 2020, the Second District Court of Appeal (Division 7) affirmed judgments (granting the writ petition and awarding fees) in coordinated appeals stemming from a CEQA action successfully challenging the City of Agoura Hills’ (City) project approvals and mitigated negative declaration (MND) for a mixed use development project on an undeveloped 8.2 acre parcel. [read post]
23 Mar 2020, 10:56 am by Arthur F. Coon
Time for some “spring cleaning” updates on several notable CEQA-related matters. [read post]
6 Mar 2020, 2:54 pm by Arthur F. Coon
In an opinion filed January 30, and later ordered published on March 2, 2020, the Third District Court of Appeal affirmed a judgment denying a writ petition filed by plaintiffs Environmental Council of Sacramento and the Sierra Club challenging the EIR for Cordova Hills, a large master planned community project approved by Sacramento County. [read post]
3 Mar 2020, 4:53 pm by Arthur F. Coon
In a partially-published, 150-page slip opinion resolving appeals in consolidated cases, and filed February 25, 2020, the Fifth District Court of Appeal affirmed in part and reversed in part a trial court decision finding CEQA defects in the 1800-plus page EIR prepared for Kern County’s adoption of an ordinance designed to provide a streamlined, ministerial permitting process for new oil and gas wells in the county. [read post]
24 Feb 2020, 10:23 am by Arthur F. Coon
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
16 Jan 2020, 1:39 pm by Arthur F. Coon
CEQA’s Class 32 categorical exemption for “infill development” applies to proposed developments within city limits on sites of five or fewer acres substantially surrounded by urban uses, where the site has no habitat value for special status species, can be adequately served by all required utilities and public services, and the project would not have significant traffic, noise, air quality, or water quality impacts. [read post]
3 Jan 2020, 3:29 pm by Arthur F. Coon
In an opinion filed November 26, and ordered published on December 23, 2019, the Third District Court of Appeal partially reversed a judgment rejecting a labor union’s CEQA challenges to the EIS/EIR for a geothermal power plant project on federal land in Mono County. [read post]
3 Dec 2019, 4:56 pm by Arthur F. Coon
Despite well-reasoned requests for depublication made by the City of Los Angeles, the California Building Industry Association (CBIA), the California State Association of Counties (CSAC) and the League of California Cities (League), the Second District’s questionable and controversial decision in Stopthemillenniumhollywood.com, et al. v. [read post]
20 Nov 2019, 1:25 pm by Arthur F. Coon
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
28 Oct 2019, 1:12 pm by Arthur F. Coon
In an opinion filed September 6, and later ordered published on October 7, 2019, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying plaintiff groups’ writ petition challenging Sonoma County’s use permit and related mitigated negative declaration (MND) for a winery project in the County’s rural Knights Valley area. [read post]
9 Oct 2019, 12:59 pm by Arthur F. Coon
In an opinion filed September 5, and later certified for partial publication on October 3, 2019, the Third District Court of Appeal affirmed a judgment upholding the City of Chico’s EIR and related statement of overriding considerations for Walmart’s project to expand an existing store, add a gas station, and create two new outparcels for future commercial development. [read post]
17 Sep 2019, 11:19 am by Arthur F. Coon
For nearly all that time, the firm also has written Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. [read post]
29 Aug 2019, 7:56 am by Arthur F. Coon
In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and project entitlements for the Millennium Project, a controversial proposed mixed-use development on a 4.47-acre parcel straddling Vine Street and surrounding the historic Capital Records Building in Hollywood. [read post]
21 Aug 2019, 8:51 pm by Arthur F. Coon
Introduction And Overview On August 19, 2019, the California Supreme Court issued its unanimous 38-page opinion, authored by Chief Justice Cantil-Sakauye, in the CEQA “project definition” case we’ve been tracking with interest. [read post]
19 Aug 2019, 1:31 pm by Arthur F. Coon
Background A long time ago, in a legal galaxy far, far away, Emperor Reagan signed the California Environmental Quality Act (“CEQA”) into law. [read post]