|
1st District Court of Appeal |
August 2010: First District Extends California ESA to State Agencies— Finds Agencies Cannot Take Endangered Species without Permit Kern County Water Agency v. Watershed Enforcers, ___Cal.App.4th___ A117715 (1st Dist. June 17, 2010) |
August 2010: First District Finds No Rational Basis for Ordinance Differentiating Type of Retail Store with and without Pharmacy for Legal Tobacco Sales Walgreen Co. v. City and County of San Francisco, ___Cal.App.4th___ 2010 (1st Dist. June 8, 2010) | |
August 2010: First District Finds Alameda County Applied Wrong Legal Standard to Determine In-Fill Development Exemption from CEQA Tomlinson, et al. v. County of Alameda, et al. 185 Cal. App.4th 1029 (1st Dist. 2010) | |
July 2010: First District Finds a Plaintiff Must Be Able to Prove Damages to Maintain a Cause of Action for Inverse Condemnation Ridgewater Associates, LLC v. Dublin San Ramon Services District 184 Cal.App.4th 629 (1st Dist. 2010) | |
June 2010: First District Issues First Published Decision Regarding Greenhouse Gas Mitigation under CEQA Communities for a Better Environment, et al. v. City of Richmond 184 Cal.App.4th 70 (1st Dist. 2010) | |
June 2010: First District Upholds Coastal Commission’s Order Prohibiting Discharge of Fireworks over Estuary without a Coastal Development Permit Gualala Festivals Committee v. California Coastal Commission, ___Cal.App.4th___ A125614 (1st Dist. 2010) | |
June 2010: First District Affirms Alternatives Analysis in Lawrence Berkeley National Laboratory’s EIR for a Long Range Development Plan Lesley Emmington Jones, et al. v. Regents of the University of California, 183 Cal.App.4th 818 (1st Dist. 2010) | |
May 2010: First District Upholds Trial Court Ruling that City’s Approval of General Plan Update Violated State Aeronautics Act and CEQA Watsonville Pilots Assn. v. City of Watsonville, ___Cal. App.4th___ A122205 (1st Dist. April 12, 2010) | |
May 2010: First District Upholds Grant of Injunctive Relief for Violation of Common Interest Development’s Height Restrictions Clear Lake Riviera Community Assn. v. Cramer, ___ Cal.App.4th___ A122205 (1st Dist. 2010) |
April 2010: First District Holds City’s Agreement to Provide Municipal Services to Proposed Tribal Casino Not a Project under CEQA Parchester Village Neighborhood Council v. City of Richmond, ___Cal.App.4th___ A123859 (1st Dist. Feb. 24, 2010) | |
April 2010: First District Finds Prevailing Party Landlord Was Not Entitled to Attorney’s Fees in Action against City under Local Rent Stabilization Ordinance Woodland Park Management, LLC v. City of East Palo Alto Rent Stabilization Board, ___Cal.App.4th___ A124154 (1st Dist. Feb. 1, 2010) | |
March 2010: First District Rules Agency Cannot Delete a Previously Adopted Mitigation Measure Attached to an Expired Approval without Reviewing the Continuing Need for the Mitigation Katzeff v. California Department of Forestry and Fire Protection, ___Cal.App.4th___ A122642 (1st Dist. Jan. 28, 2010) | |
February 2010: First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218 Town of Tiburon v. Bonander, ___Cal.App.4th__ A119918 (1st Dist. Dec. 31, 2009) | |
February 2010: First District Upholds Higher Density Bonus Units than Required by State Law and Finds Grant of Discretionary Units Not Subject to CEQA Wollmer v. City of Berkeley 179 Cal.App.4th 933, (1st Dist. 2009) | |
February 2010: First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218 Town of Tiburon v. Bonander, ___Cal.App.4th__ A119918 (1st Dist. Dec. 31, 2009) | |
February 2010: First District Finds Lengthy Delay in Preparation of EIR Did Not Entitle the Developer to Mandamus Compelling Certification of the EIR Schellinger Bros. v. City of Sebastopol, ___Cal.App.4th___ A122972 (1st Dist. Dec. 2, 2009) | |
December 2009: First District Underscores the Need to Evaluate Project Impacts on Wetlands, Riparian Habitats, and Other Resources under CEQA Citizens of Civic Accountability v. Town of Danville, unpublished op. A 121899 (1st Dist. 2009) | |
December 2009: First District Rules Consultant Hired by County to Prepare EIR Owed No Duty to Developer to Timely Complete the Document Lake Almanor Associates L.P. v. Huffman-Broadway Groups, Inc., ___Cal.App.4th___ A122563 (1st Dist. Oct. 30, 2009) |
December 2009: News from the West | |
October 2009: First District Finds County Ordinance Imposing Additional Requirements to Convert Rental Mobilehome Parks to Resident-Owned Was Preempted by Subdivision Map Act Sequoia Park Associates v. County of Sonoma, ___Cal. App.4th___ A120049 (1st Dist. Aug. 21, 2009) | |
October 2009: First Appellate District finds Monthly Base Rate for Water Service Is a Property-Related Fee, Not an Assessment, under Article XIII D of the California Constitution Paland v. Brooktrails Township Community Services Dist. Bd. of Directors, ___Cal.App.4th___ A122630 (1st Dist. July 31, 2009) | |
July 2009: First District Protects Vacant Church from Designation as a Landmark Pursuant to the San Francisco Municipal Planning Code California-Nevada Annual Conference of the United Methodist Church v. City and County of San Francisco, ___Cal.App.4th___ A122578 (1st Dist. May 20, 2009) | |
June 2009: First District Court Finds Parcels Depicted on Antiquated Subdivision Map Are Not Entitled to Legal Recognition Abernathy Valley, Inc. v. County of Solano, ___Cal.App.4th___ A121817 (1st Dist. April 17, 2009) | |
May 2009: First District Holds that Ballots In Storm Drainage fee Elections Must Be Kept Confidential Greene v. Marin County Flood Control and Water Conservation District, ___Cal.App.4th___ A120228 (1st Dist. March 11, 2009) | |
April 2009: First District Upholds Severable Portions of Oakland’s ‘Just Cause’ Eviction Ordinance Rental Housing Association of Northern Alameda County v. City of Oakland, ___Cal.App.4th___ A114919 (1st Dist. Feb. 26, 2009) | |
March 2009: California Appellate Court Decides Meaning of California’s Recently-Enacted Water Supply Assessment Statute | |
February 2009: First District Affirms No Compensation for Goodwill when Undeveloped Parcel, Approved for Multi-Unit Mixed-Use, Is ‘Taken’ by Eminent Domain City and County of San Francisco v. Coyne, ___Cal.App.4th___ A118222 (1st Dist. Dec. 5, 2008) | |
January 2009: First District Court Finds that a Water Supply Assessment Relying on Groundwater Need Not Analyze Groundwater Pumping by All Users in the Basin O.W.L. Foundation v. City of Rohnert Park, ___Cal. App.4th___ A114809 (1st Dist. Nov. 19, 2008) | |
December 2008: First District Court Affirms Invalidity of Bayview Hunters Point Redevelopment Plan Referendum Defend Bayview Hunters Point Comm. v. City and County of San Francisco, ___Cal.App.4th___ A119061 (1st Dist. Oct. 21, 2008) |
December 2008: First District Court Extends Application of Public Trust Doctrine to Wildlife, but Limits Suit to Government Agencies Center for Biological Diversity v. FPL Group, Inc. 166 Cal.App.4th 1349 (1st Dist. 2008) | |
November 2008: First District Court Holds Williamson Act Contract Is Subject to Subsequently Adopted County Guidelines County of Humboldt v. McKee, ____Cal.App.4th____ A117325 (1st Dist. Aug. 15, 2008) | |
November 2008: First District Finds Claim by Public for Breach of Public Trust Must Be Brought against Public Agencies— Not against Windfarm Operators Center for Biological Diversity, Inc. v. FPL Group, Inc., ___Cal.App.4th___ A116362 (1st Dist. Sept. 18, 2008) | |
October 2008: First District Court Holds that 1915 Subdivision Map Does Not Create Valid Lots under Map Act’s Grandfather Provisions Witt Home Ranch, Inc. v. County of Sonoma, ___Cal. App.4th___ A118911 (1st Dist. July 29, 2008) | |
October 2008: First District Court Finds Challenge to City’s Housing Element Barred by Statute of Limitations Urban Habitat Program v. City of Pleasanton, ___Cal.App.4th___ A118327 (1st Dist. July 22, 2008) | |
October 2008: First District Court Upholds County Order to Remove Recreational Club’s Long-Standing Illegal Structures Golden Gate Water Ski Club v. County of Contra Costa, 165 Cal.App.4th 249 (1st Dist. 2008) | |
October 2008: First District Holds Public Agency’s Ownership of Entire Drainage System Not Required for Property Owner to Proceed with Inverse Condemnation Claim against City Skoumbas v. City of Orinda, ___Cal.App.4th___ A117960 (1st Dist. July 31, 2008) | |
August 2008: Consistent Equals Compatible: First District Court Upholds Travis Air Force Base Land Use Compatibility Plan Muzzy Ranch v. Solano County Airport Land Use Commission 164 Cal.App.4th 1 (1st Dist. 2008) | |
June 2008: First District Court Holds School District’s Preparation of EIR Did Not Constitute an Assumption of Responsibility for Student Safety Cerna v. City of Oakland, ___Cal.App.4th___ A115296 (1st Dist. April 11, 2008) | |
June 2008: First District Court Holds Resubmittal of Expired Tentative Map Does Not Constitute a New Project under CEQA—Supplemental Review Required for New Water Supply Moss v. County of Humboldt, ___Cal.App.4th___ A114205 (1st Dist. May 7, 2008) | |
May 2008: First District Court Holds CEQA Lawsuit Does Permit Prevailing Party to Obtain Costs Associated with Reparation of Record Agreed to, but Prepared by, Opposing Party St. Vincent’s School for Boys, Catholic Charities CYO v. City of San Rafael, ___Cal.App.4th___ 73 Cal.Rptr.3d 512 (1st Dist. 2008) | |
May 2008: First District Finds in Eminent Domain, Owners of Residence Not Entitled to Temporary Severance Damages Where No Evidence of Actual Injury Is Presented City of Fremont v. Fisher 160 Cal.App.4th 666 (1st Dist. 2008) | |
March 2008: First District Rules Coastal Commission Lacks Authority to Declare Property Environmentally Sensitive Habitat on Appeal from Grant ofCoastal Development Permit Security National Guaranty, Inc. v. California Coastal Commission, ___Cal.App.4th___ A114647 (1st Dist. Jan. 25, 2008) | |
March 2008: First District Court Holds Deficiencies in Process Do Not Require Invalidation of LAFCO Annexation Proceeding Citizens for Responsible Open Space v. San Mateo County LAFCO, ___Cal.App.4th___ CIV442954 (1st Dist. Jan. 31, 2008) | |
March 2008: Designating Land as “Environmentally Sensitive” under the Coastal Act After Security National Guaranty v. California Coastal Commission | |
February 2008: First District Court Finds Defects in Signatures to Association’s Referendum Petition Cannot Be Cured by Declaration of Petition Circular Friends of Bay Meadows v. City of San Mateo, ___Cal. App.4th___ 68 Cal.Rptr.3d 916 (1st Dist. Dec. 12, 2007) | |
January 2008: First District Court Finds Easement by Necessity Was Extinguished when Federal Government Refrained from Invoking Eminent Domain to Secure Right-of-Way Murphy v. Burch, ___Cal.App.4th___ A117051 (1st Dist. Nov. 19, 2007) | |
November 2007: First District Court Finds Gift of Property to Solano County Is Subject to Deed Restrictions County of Solano v. Handlery, ___Cal.App.4th___ A114120 (1st Dist. Sept. 21, 2007) | |
October 2007: First District Rejects Determination of Comparative Equity Analysis in Reviewing Consolidated Condemnation Cases State Route 4 Bypass Authority v. Superior Court, ___Cal.App.4th___ A116834, A116851 (1st Dist. Aug. 8, 2007) | |
October 2007: First District Finds City Did Not Abuse Discretion by Finding Project Consistent with Applicable Plans or by Awarding Density Bonus Beyond that Required by Law Friends of Lagoon Valley v. City of Vacaville, ___Cal.App.4th___ A113236 (1st Dist. Aug. 28, 2007) | |
August 2007: CVP/SWP Litigation Update: Project Operations amidst State and Federal Court Litigation Natural Resources Defense Council v. Kempthorne et al. 05-CV-01207 (E.D. Cal) | |
August 2007: First District Affirms Ruling that Citizen Group Missed CEQA’s Statute of Limitations to Challenge Approval of Redevelopment Project Citizens for a Megaplex-Free Alameda v. City of Alameda, et al. 149 Cal.App.4th 91 (1st Dist. 2007) | |
August 2007: First District Court Holds Two or More Properties with the Same ‘Owner in Substance’ May Be Merged if the Map Act’s Requirements Are Met Kalway v. City of Berkeley 151 Cal.App.4th 827 (1st Dist. 2007) | |
April 2007: First District Finds Property Owners’ Proposition 218 Challenge to Special Assessment Is a Validation Action that Must Comply with Special Procedures for Service of Process Bonander et al. v. City of Tiburon, et al., ___Cal.App.4th___ A115239 (1st Dist. Jan. 31, 2007) | |
April 2007: First District Holds High Financial Cost of Alternatives Does Not Automatically Render Them ‘Infeasible’ under CEQA Uphold Our Heritage v. Town of Woodside 147 Cal.App.4th 587 (1st Dist. 2007) | |
March 2007: First District Upholds City’s Certification of Applicant Prepared EIR and Approval of Zoning Variance for Church School Playground Eureka Citizens for Responsible Government v. City of Eureka, ___ Cal.App.4th ___ A113289 (1st Dist. Feb. 1, 2007) | |
February 2007: First District Court Holds that Public Resources Code 21166 Applies to Second Phase of Project that Included ‘Big Box’ Store—But Overturns City’s Decision to Forego Further Environmental Review American Canyon Community United for Responsible Growth v. City of American Canyon, ___Cal.App.4th___ A111278, A112088 (1st Dist. Nov. 17, 2006) | |
January 2007: First District Court Finds Allegations Sufficient to State a Claim for Violation of the Brown Act against City and City Council of Fremont Wolfe v. City of Fremont 144 Cal.App.4th 533 (1st Dist. 2006) | |
December 2006: First District Holds Trail Immunity under California Government Code Applies to Claims Arising from Design and Location of Trail Anni Amberger-Warren v. City of Piedmont 143 Cal.App.4th 1074 (1st Dist. 2006) | |
November 2006: First District Finds Abuse of Discretion, Violations of CEQA in Agency’s Approval of Timber Harvest Plan Modified During Public Comment Period Joy Road Area Forest and Watershed Association v. California Department of Forestry & Fire Protection 142 Cal.App.4th 656 (1st Dist. 2006) | |
November 2006: First District Finds Moratorium-Related Tolling of Tentative Map Limited to Total of Five Years by Subdivision Map Act Ailanto Properties, Inc. v. City of Half Moon Bay 142 Cal.App.4th 572 (1st Dist. 2006) | |
October 2006: Alice in Groundwater Land: Court Defines State Board ‘Subterranean Stream’ Jurisdiction | |
October 2006: First District Court Holds that ‘Garden Variety’ Inadequate Maintenance Cannot Support a Claim for Inverse Condemnation against a Flood Control Agency Tilton v. Reclamation District No. 800, ___Cal. App.4th___ A112185 (1st Dist. Aug. 15, 2006) | |
August 2006: First District Court Upholds State Board’s Test for Determining Its Jurisdiction over Groundwater North Gualala Water Co. v. State Water Resources Control Board 139 Cal.App.4th 1577 (1st Dist. 2006) | |
August 2006: News from the West | |
June 2006: First District Finds No Basis for a Kavanau Adjustment where Landlord Received a Fair Return under City Rent Control Ordinance Hillsboro Properties v. City of Rohnert Park, ___ Cal. App.4th___ A110441 (1st Dist. April 6, 2006) | |
May 2006: First District Finds San Francisco’s Relocation Assistance Landlord—Tenant Ordinance Does Not Violate the Ellis Act Pieri v. City and County of San Francisco 137 Cal. App.4th 886 (1st Dist. 2006) | |
May 2006: First District Court Finds San Francisco’s “Belief Requirement” in Its Municipal Eviction Ordinance Is Impliedly Preempted by the Ellis Act Johnson v. City and County of San Francisco, ___Cal. App.4th___ A111355 (1st Dist. Feb. 28, 2006) | |
April 2006: First District Upholds Settlement of CEQA Challenge to Rohnert Park’s General Plan 108 Holdings, Ltd., et al. v. City of Rohnert Park, ___Cal.App.4th___ A108629 (1st Dist. Jan. 31, 2006) | |
April 2006: First District Finds Property Owner Is Not Entitled to Attorney Fees where the Award Would Discourage Local Enforcement Agencies from Protecting the Public’s Interest City and County of San Francisco, et al. v. Ballard 136 Cal.App.4th 381(1st Dist. 2006) | |
March 2006: Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65 As You Sow v. Conbraco Industries, ___Cal.App. 4th___ A106660, (1st Dist. filed Dec. 12, 2005, certified for publication Jan. 4, 2006) | |
March 2006: First District Finds State Agency Must Conduct CEQA Review of Use of Pesticide Products in Winegrap Disease Control Program Californians for Alternatives to Toxic, et al. v. Calif. Department of Food and Agriculture, ___Cal.App.4th___ A107088, published Jan. 27, 2006 (1st Dist. Dec. 29, 2005) | |
February 2006: First District Court Upholds Agreements Allowing Timber Harvesting in Humboldt County Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection, ___Cal. App.4th___ A104828 (1st Dist. Dec. 12, 2005) | |
February 2006: First District Court Rules that CEQA Does Not Apply to Interior Home Projects Martin v. City & County of San Francisco, ___Cal. App.4th___ A107768 (1st Dist. Dec. 29, 2005) | |
January 2006: First District Revisits Prevailing Wage Law in Connection with Redevelopment Agency’s Reimbursement of Land Acquisition Costs to Developer Greystone Homes, Inc. v. Chuck Cake, Unpub. Op. A107763 and A107769 (1st Dist. Nov. 22, 2005) | |
December 2005: First District Rules Inverse Condemnation Action Unripe, Rejects Application of Futility Exception to Ripeness Doctrine County of Alameda v. Superior Court (San Leandro Rock Company, Inc.), ___ Cal.App.4th___ A109576 (1st Dist. Oct. 18, 2005) | |
November 2005: California Court of Appeal Affirms Revised Discharge Permit for Dioxin in Light of Pending Total Maximum Daily Load Communities for a Better Environment v. State Water Resources Control Board, ___Cal.App.4th___ A107572, (1st Dist. Sept. 27, 2005) | |
October 2005: First District Finds a Memorandum of Understanding between a City and an Indian Tribe Was Not a Project Requiring CEQA Review Citizens To Enforce CEQA v. City of Rohnert Park, ___Cal.App.4th___ A106592 (1st Dist. July 25, 2005) | |
October 2005: First and Fourth Districts Reach Different Results on Private Attorney General Fee Awards where Petitioners Achieve Limited CEQA Claims Success Bowman v. City of Berkeley 131 Cal.App.4th 173 (1st Dist. 2005) | |
August 2005: First District Court Finds City’s Agreement with Tribe Regarding Impacts of Proposed Casino Project Not Subject to Referendum Worthington v. City Council of the City of Rohnert Park, ___Cal.App.4th___ A107547 (1st Dist. June 30, 2005) | |
June 2005: First District Court Holds City of Hayward Improperly Delegated Cost of Preparing CEQA Administrative Record to Developer Hayward Area Planning Association v. City of Hayward 128 Cal.App.4th 176 (1st. Dist. 2005) | |
May 2005: First District Court Rejects Challenge to San Francisco’s Decision to Issue Variance as Time-Barred Honig v. San Francisco Planning Department 127 Cal.App.4th 520 (1st Dist. 2005) | |
March 2005: First District Court Interprets Local Agencies’ Authority to Grant Extensions of Tentative Maps under Govt. Code § 66452.6 after Maps Have Expired Bodega Bay Concerned Citizens v. County of Sonoma, ___Cal.App.4th___ A105590, A105787 (1st Dist. Jan. 14, 2005) | |
March 2005: First District Court Overturns County Project Approval Based on Improper Reliance on Mitigation Measures to Grant a Categorical Exemption under CEQA Salmon Protection and Watershed Network v. County of Marin, ___Cal.App.4th___ A105592 (1st Dist. Dec. 16, 2004; pub. ordered Jan. 18, 2005) |
March 2005: California Court Rules to Protect Cleanup Judgment Debtor from Having to Assume Responsibilities of Others Who Attempt to Settle Out State of California v. Saberi, ___Cal.App.4th___ A102091, 102543, and 103463, unpub. op. (1st Dist. Feb. 3, 2005) | |
February 2005: First District Court Finds an Airport Land Use Plan Is a Project Subject to CEQA. Muzzy Ranch Co. v. Solano County Airport Land Use Commission, ___Cal.App.4th___, Case No. A104955 (1st Dist. Jan. 5, 2005). | |
February 2005: California Court of Appeal Finds Sale Agreement Language Only Obligated Seller to Clean Up Pre- Sale Contamination. Sierra Club v. Wayne Weber LLC, Case No. 107/03-0654 (Iowa Dec. 3, 2004). | |
January 2005: First District Court Finds Alameda Initiative to Amend County General Plan Inapplicable to Previously Issued Surface Mining Permit Save Our Sunol, Inc. v. Mission Valley Rock Company, ___Cal.App.4th___ A105160 (1st Dist. Nov. 19, 2004) | |
December 2004: First District Affirms Mandatory Minimum Penalty of $243,000 for Violations of Wastewater Discharge Permit by the City of Brentwood City of Brentwood v. Central Valley Regional Water Quality Control Board, ___Cal.App.4th___ A102819 (1st Dist. Oct. 27, 2004) | |
December 2004: Code of Civil Procedure § 473(b) Fails to Relieve Water Agency’s Failure, Through Its Attorney’s “Inexcusable Neglect,” to Timely Request a CEQA Hearing Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency, ___Cal.App.4th___ A104687 (1st Dist. Sept. 29, 2004) | |
November 2004: First District Court Finds San Francisco’s Parking Tax Exemptions Favoring Designated Categories of Users Constitutional City and County of San Francisco v. Flying Dutchman Park, Inc 122 Cal.App.4th 74 (1st Dist. 2004) | |
November 2004: First District Court Sets Forth Rules of Merger Pursuant to the Subdivision Map Act Moores, et al. v. Board of Supervisors of Mendocino County, ___Cal.App.4th___ A105446 (1st Dist. Sept. 24, 2004) | |
November 2004: First District Court Clarifies When Statements of Technical Issues Constitute Substantial Evidence and When Aesthetic Impacts Will Be Considered Significant under CEQA Bowman v. Berkeley 122 Cal.App.4th 772 (1st Dist. 2004) | |
October 2004: First District Affirms Decision Finding Inclusion of Economic Feasibility Analysis in an Environmental Impact Report Unnecessary Sierra Club v. County of Napa (Beringer Wine Estates), ___Cal.App.4th ___ A101941 (1st Dist. Aug. 6, 2004) | |
August 2004: Not Swayed by “Range of Alternatives—Inclusion of Alternatives” Arguments Attacking Environmental Impact Report, Court Upholds Condominium Project Mira Mar Mobile Community v. City of Oceanside 119 Cal.App.4th 477 (4th Dist. 2004) | |
July 2004: First District Court Finds CEQA Is Not Implicated in Issuance of Federal Power Plant Permit. City of Morgan Hill v. Bay Area Air Quality Management Dist., ___Cal.App.4th___ A102518 (1st Dist. May 14, 2004 ). | |
May 2004: California Department of Forestry Approval of Timber Harvest Plan Did Not Preclude the SWRCB from Separately Requiring Water Quality Protection Measures Pacific Lumber Company v. California State Water Resources Control Board ___Cal.App.4th___, Case No. A102399 (1st Dist. March 18, 2004). | |
May 2004: Court of Appeal Upholds Metropolitan Water District’s Interpretation of 1931 Water Allocation Formula San Diego County Water Authority, et al. v. Metropolitan Water District of Southern California, et al. ___Cal.App.4th___, 11 Cal. Rptr.3d 446 (1st Dist.2004). | |
April 2004: San Diego County Water Authority Challenges Metropolitan Water District’s Interpretation of a 1931 Water Rights Formula San Diego Co. Water Auth., et al. v. Metro. Water Dist. of So. Cal., et al. Case No. AO 98526 (Cal. App. 1st. Dist) | |
March 2004: Court of Appeal Finds California’s Lead and Copper Rule Test Methodology under SDWA Invalid Mateel Environmental Justice Foundation v. Edmund A. Gray Co., et al, __Cal.App.4th___, Case Nos. A100075, A100279 (1st Dist. Jan. 23, 2004; Corrected Jan. 27, 2004). | |
August/September 2003: California Court of Appeal Decides Question of Narrative Standards under Clean Water Act Communities for a Better Environment v. State Water Resources Control Bd. ___Cal.App.4th___, Case No. A1000327 (1st Dist. May 30, 2003). | |
July 2003: Appellate Parties Brief First District Court on Issue of Test Methodology in Drinking Water Contamination Cases Mateel Environmental Justice Foundation v. Edmund A. Gray, Co. et al. ___Cal.App.4th___, Case Nos. A100075, A1000279 (1st Dist. Sept. 17, 2002). | |
July 2003: Court of Appeal: Court of Appeal Finds Sonoma County Water Agency's EIR Deficient in Relation to the Eel River Friends of the Eel River v. Sonoma County Water Agency ___Cal.App.4th___, Case No. AO98118 (appeal filed Sept. 17, 2002 1st Dist.). | |
June 2003: Expiration of Approved Tentative Map Is Not Automatically Stayed During Pending Litigation Friends of Westhaven and Trinidad v. County of Humboldt 107 Cal.App.4th 878 (1st Dist. 2003). | |
June 2003: California Coastal Commission Does Not Have Jurisdiction to Consider Impacts Outside the Coastal Zone Sierra Club v. California Coastal Commission, 107 Cal.App.4th 1030 (1st Dist. 2003). | |
May 2003: Coastal Commission Lacks Administrative Appellate Jurisdiction to Revisit a Coastal Development Permit Approval Ordered by Superior Court in Writ Proceeding in which It Was a Party City of Half Moon Bay v. Superior Court, 106 Cal.App.4th 795 (1st Dist. 2003). | |
April 2003: Costa Hawkins Act Preempts Local Agency Regulation of the Amount of Rent Charged for Vacant Replacement Units Bullard v. San Francisco Rent Stabilization Bd. 106 Cal.App.4th 488 (1st Dist. 2003). | |
April 2003: Supreme Court: Antiquated Subdivision Map, Alone, Insufficient to Create Legal Subdivision under Subdivision Map Act Gardner v. County of Sonoma, 29 Cal.4th 990 (2003). | |
February 2003: Berkeley's Anti-Discrimination Ordinance, Aimed at City Money Subsidizing Private Groups Using City Property, Survives Constitutional Scrutiny Eugene Evans et al. v. City of Berkeley, et al 104 Cal.App.4th 1 (1st Dist. Nov. 25, 2002). |
January 2003: State Decisions: California Court of Appeal Precludes Use of "Minimum Level" Standards Application to NPDES Permit Compliance under the Clean Water Act WaterKeepers Northern California, et al. v. California State Water Resources Contro Board ___Cal.App.4th___, Case No. AO94917 (1st Dist. Oct. 24, 2002). | |
December 2002: First District Reaffirms Deferential Standard of Review for General Plan Consistency, CEQA Compliance and Blight Determinations San Franciscans Upholding the Downtown Plan et al. v. City and County of San Francisco 102 Cal.App.4th 656 (1st Dist. Sept. 30, 2002). | |
November 2002: In Eminent Domain Action, First District Court of Appeal Finds Evidence of Comparable Sales to Redevelopment Agency Not Admissible to Determine Valuation Emeryville Redevelopment v. Harcros Pigments, Inc. 101 Cal.App.4th 1083 (1st Dist. Aug. 9, 2002). | |
November 2002: California Court of Appeal Holds Evidence Sufficient to Support Judgment for Defendant in Underground Storage Tank Case Catanzaro v. Chevron U.S.A., Inc. ___Cal.App.4th___, unpublished opinion (1st Dist. Aug. 30, 2002) | |
October 2002: Court of Appeal: Open Space District which Made a Conveyance of Open Space Lands under the Spectre of Eminent Domain Does Not Require Voter or Legislative Approval Johnston v. Sonoma County Agricultural Preservation and Open Space District __Cal.App.4th___,Case No.A097121 (1st Dist.July 31,2002). | |
October 2002: Placing of Land in Trust Does Not Automatically Void Williamson Act Contract Sherwood Valley Rancheria v. Friends of East Willits Valley ___Cal.App.4th___,Case No.AO94872 (1st Dist.Aug.14,2002). | |
July 2002: Court of Appeal: Costa-Hawkins Act Inapplicable where San Francisco Rent Board Finds Landlord and Temporary Unit Occupant Formed New Lease by Conduct Cobb v. City and County of San Francisco Rent Stabilization Board 98 Cal.App.4th 345 (1st Dist. 2002) | |
January 2002: Conflicting Provision in Charter City's Municipal Code "Preempts" Procedural Aspect of Proposition 62 under City's Constitutional "Home Rule" Powers Traders Sports, Inc. v. City of San Leandro 93 Cal.App.4th 37 (1st Dist. 2001). | |
December 2001: First District Court of Appeal Answers Question Left Open by Supreme Court - Pre-1893 Map Recordation Alone Does Not Create a Legal Subdivision Gardner v. County of Sonoma ___Cal.App.4th___, Case No. A093139 (1st Dist. Oct. 11, 2001). | |
November 2001: Court of Appeal Rules Oakland Airport's EIR Inadequate for Noise Impacts, Emissions, Health Risks and Endangered Species Berkeley Keep Jets over the Bay Comm. v. Board of Port Commissioners 91 Cal.App.4th 1344 (1st Dist. 2001) | |
November 2001: Court of Appeal Allows Rent Increases after Finding No Substantial Evidence to Support Established Base Rents Concord Communities, L.P. v. City of Concord 91 Cal.App.4th 1407 (1st Dist. 2001). | |
October 2001: CEQA Petitioner with Notice that a Change of Venue Is Complete Is Not Excused from Requesting a Hearing Within the Mandatory 90-day Period Guardians of Elk Creek Old Growth v. Dept. of Forestry and Fire Protection 89 Cal.App.4th 1431 (1st Dist. June 21, 2001). | |
October 2001: Napa County's Airport Industrial Area Specific Plan Is Inconsistent with the County's General Plan - Court Strikes Related EIR Napa Citizens for Honest Government v. Napa County Board of Supervisors, 91 Cal.App.4th 342 (1st Dist. | |
October 2001: Court of Appeal Upholds City of Napa's Inclusionary Housing Ordinance Home Builders Association of Northern California v. City of Napa 90 Cal.App.4th 188 (1st Dist. July 2, 2001). | |
July 2001: Airport Land... Kaczorowski v. Board of Supervisors for the County of Mendocino, et al., 88 Cal.App.4th 564 (1st Dist. 2001). |
|
|
2nd District Court of Appeal |
|
June 2010: Second District Finds Landlord’s Refusal to Accept ‘Section 8’ Housing Assistance Is Not Discrimination under the State Fair Employment and Housing Act Sabi v. Sterling, ___Cal.App.4th___ B205279 (2nd Cir. April 8, 2010) | |
June 2010: Second District Holds Landfill Operator’s Complaint Based on Land Use Guidelines Is Not Subject to ‘Anti-SLAPP’ Motion to Strike Complaint USA Waste of California, Inc. v. City of Irwindale, ___Cal.App.4th___ B212719 (2nd Dist. April 27, 2010) | |
June 2010: Second District Finds Agencies May Use Affordable Housing Funds for Any Authorized Purpose Provided a Nexus Exists Between Expenditures and Supply of Affordable Housing City of Cerritos v. Cerritos Taxpayer Association, ___Cal.App.4th___ B214530 (2nd Dist. April 20, 2010) | |
April 2010: Second District Holds City May Impose Fee for an Appeal to Project Approval Based on an Addendum to a Negative Declaration Friends of Glendora et al. v. City of Glendora et al., ___ Cal.App.4th___ B215114 (2nd Dist. March 1, 2010) | |
April 2010: Second District Finds County Erred in Calculating School District’s Pass-Through Payments under Health and Safety Code Section 33607.5 Los Angeles Unified School District v. County of Los Angeles 181 Cal.App.4th 414 (2nd Dist. 2010) | |
March 2010: Second District Finds a Prescriptive Easement in Water Pipeline from a Gravity-Fed Spring Brezina v. Cooper, Unpub. Op B210125 (2nd Dist. Jan. 22, 2010.) | |
March 2010: Second District Finds EIR Was Needed before Enactment of an Ordinance Prohibiting Certain Retail Stores from Providing Plastic Bags to Customers Save the PlasticBag Coalition v. City of Manhattan Beach, ___Cal.App.4th___ B215788 (2nd Dist. Jan. 27, 2010) | |
March 2010: Second District Upholds Los Angeles’ Redevelopment Design Guidelines for North Hollywood PR/JSM Rivera LLC v. Community Redevelopment Agency of the City of Los Angeles, ___Cal.App.4th___ B213051 (2nd Dist. 2009) |
February 2010: Second District Court Upholds Environmental Impact Report, Paving the Way for a Water Transfer Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___ B200673 (2nd Dist. Dec. 17, 2009) | |
February 2010: Second District Upholds Coastal Commission’s Denial of a Coastal Development Permit as Inconsistent with City’s Local Coastal Plan Reddell v. California Coastal Commission, ___Cal.App.4th___ B206428 (2nd Dist. Dec. 1, 2009) | |
February 2010: Second District Upholds Environmental Review for Castaic Lake Water Agency Water Transfer Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___ B200673 (2nd Dist. Dec. 17, 2009) | |
January 2010: Second District Affirms that Transportation Funding Plan Listing Potential Projects Was Not a Project Subject to CEQA Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 179 Cal.App.4th 113 (2nd Dist. 2009) | |
January 2010: Second District Strikes Down City’s Extension of Ordinance Restricting Development in Residential Zones Hoffman Street, LLC v. City of West Hollywood, ___ Cal.App.4th___ B210789 (2nd Dist. Nov. 23, 2009) | |
January 2010: Second District Affirms CEQA Exemption for Transportation Rate Increase Bus Riders Union v. Los Angeles County Metropolitan Transportation Agency, ___Cal.App.4th___ B212145 (2nd Dist. 2009) | |
December 2009: Second District Upholds County’s Immunity from Suit Due to Design of Public Road Retaining Wall Alvis v. County of Ventura, ___Cal.App.4th___ B212337 (2nd Dist. Oct. 20, 2009) | |
November 2009: Second District Affirms a City’s Authority to Enact a Moratorium on Medical Marijuana Dispensaries within City Limits City of Claremont v. Kruse, ___Cal.App.4th___ B210084 (2nd Dist. 2009) | |
November 2009: Second District Holds a City May Terminate Its Environmental Review of a Proposed Development Project before Completion of an EIR Las Lomas Land Company, LLC v. City of Los Angeles, ___Cal.App.4th___ B213637 (2nd Dist. Sept. 17, 2009) | |
October 2009: Second District Reaffirms Voter Adoption of Initiative Amending County’s General Plan to Permit Mixed Use Development Near an Airport Citizens for Planning Responsibly v. County of San Luis Obispo, ___Cal.App.4th___ B206957 (2nd Dist. Aug. 4, 2009) | |
October 2009: Second District Rules School District Complied with CEQA in Certifying an EIR for Construction of High School City of Long Beach v. Los Angeles Unified School District, ___Cal.App.4th___ B207221 (2nd Dist. Aug. 17, 2009) | |
October 2009: Second District Holds Los Angeles’ Inclusionary Housing Requirements Violate Costa-Hawkins Rental Housing Act Palmer/Sixth Street Properties, L.P. et al. v. City of Los Angeles 175 Cal.App.4th 1396 (2nd Dist. 2009) | |
August 2009: Second District Holds Business Owner with No Ownership Interest in Property Acquired by Eminent Domain May Recover for Business Goodwill Los Angeles Unified School District v. Pulgarin, ___Cal. App.4th___ B206892 (2nd Dist. Jun. 23, 2009). | |
August 2009: Second District Court Finds Non-Owner Residents within Planned Development Lacked Standing to Enforce Governing Documents Martin v. Bridgeport Community Association, ___Cal. App.4th___ B206686 (2nd Dist. 2009). | |
August 2009: Second District Holds California Coastal Commission Properly Considered Coastal View in Deciding Permit Application Farr v. California Coastal Commission, 173 Cal. App.4th 1474 (2nd Dist. 2009). | |
July 2009: Second District Holds Repeal of Water Code Provisions for Consolidation Did Not Eliminate Mechanism for Consolidation under Cortese-Knox LAFCO Act San Bernardino Valley Water Conservation Dist. v. San Bernardino Local Agency Formation Commission 173 Cal.App.4th 190 (2nd Dist. 2009) | |
July 2009: Second District Upholds Ordinance Imposing Rent Control on New Apartments—Finds Elements of Ellis Act Survive Passage of Costa Hawkins Rental Housing Act Apartment Association of Los Angeles County, Inc. v. City of Los Angeles 173 Cal.App.4th 13 (2nd Dist. 2009) | |
July 2009: Second District Upholds City’s Formation of a Special Assessment District—Finds Compliance with California Constitution Article XIII D Dahms v. Downtown Pomona Property, ___Cal. App.4th___ B183545 (2nd Dist. May 12, 2009) | |
July 2009: Second District Upholds Denial of Conditional Use Permit Based on Negative Impact on General Community Welfare SP Star Enterprises, Inc. v. City of Los Angeles 173 Cal.App.4th 459 (2nd Dist. 2009) | |
June 2009: Second District Holds Courts Have Statutory Discretion in Determining Remedy for Inadequate Alternatives Analysis in Documents Prepared as Substitute EIRs City of Bellflower v. State Water Resources Control Board, ___Cal.App.4th___ B202660 (2nd Dist. April 3, 2009) | |
June 2009: Second District Upholds Grant of Equitable Easement for Ingress and Egress; Denies Damage Award Linthicum v. Butterfield et al., ___Cal.App.4th___ B199645 (2nd Dist. April 2, 2009) | |
March 2009: California Court of Appeal Overrules Industry Challenge to Inclusion of Phthalate on Proposition 65 List of Chemicals Known to Cause Reproductive Toxicity Exxon Mobile Corporation v. California Office of Environmental Health Hazard Assessment, et al., ___Cal. App.4th___ B204987 (2nd Dist. Jan. 7, 2009) | |
March 2009: Fourth District Finds Expedited First Amendment- Related Permit Statute, and Its 21-Day Statute of Limitations Does Not Bar Third Party Litigants Stearn v. County of San Bernardino, et al., ___Cal.App.4th___ E044388 (2nd Dist. Jan. 22, 2009) | |
February 2009: Coastal Commission to Hear Appeal of Malibu’s Approval of Beachfront Development Alberstone v. California Coastal Commission, ___Cal.App.4th___ B202008 (2nd Dist. Dec. 29, 2008) | |
February 2009: Second District Rules Coastal Commission Lacks Permitting Authority with Respect to Fence Repair that Was Integral to a Boundary Agreement Burke v. California Coastal Commission, ___Cal. App.4th___ B207188 (2nd Dist. Dec. 2, 2008) | |
December 2008: Second District Court Finds Due Process Rights Violated in Rent Control Hearing Manufactured Home Communities, Inc. v. County of San Luis Obispo, ___Cal.App.4th___ B196426 (2nd Dist. Oct. 15, 2008) | |
December 2008: Second District Court Holds Property Owner Estopped to Contest Coastal Commission’s Jurisdiction over Protracted Proceedings Mt. Holyoke Homes, L.P. v. California Coastal Commission, ___Cal.App.4th___ B201517 (2nd. Dist. Oct. 21, 2008) | |
December 2008: Second District Court Rules Court Cannot Hear Landowner’s Challenge to Proposed Zoning Changes until Changes Are Enacted Stonehouse Homes v. City of Sierra Madre,___Cal. App.4th___ 84 Cal.Rptr.3d 223 (2nd Dist. 2008) | |
December 2008: Second District Finds City Attorney Has No Duty to Prepare Ballot Title or Summary where Proposed Initiative Measures Are Facially Unconstitutional Widders v. Furchtenicht, ___Cal.App.4th___ B196583 (2nd Dist. Oct. 20, 2008) | |
November 2008: Second District Court Finds City’s Heightened Criteria for Exemption from Development Moratorium a Taking of Plaintiffs’ Property Monks v. City of Rancho Palos Verdes,___Cal. App.4th___ B201280 (2nd Dist. Oct. 1, 2008) | |
November 2008: Second District Finds Nexus/Rough Proportionality Takings Test Did Not Apply to Facial Challenge of Ordinance Requiring Affordable Multifamily Housing Action Apartment Association v. City of Santa Monica, ___Cal.App.4th___ B201176 (2nd Dist. Aug. 28, 2008) | |
November 2008: Second District Court Upholds Ruling that the California Coastal Commission Substantially Complied with Hearing Notice Requirements North Pacifica LLC v. California Coastal Commission, ___Cal.App.4th___ B199446 (2nd Dist. Sept. 2008) | |
July 2008: Second District Court Finds Vested Rights Are Superceded by California Coastal Act Pratt v. California Coastal Commission 162 Cal. App.4th 1068 (2008) | |
June 2008: Second District Court Rules City of Los Angeles Erroneously Relied upon CEQA Categorical Exemption to Approve Permit for Residential Fence Committee to Save the Hollywoodland Specific Plan and Hollywood Heritage v. City of Los Angeles, ___Cal.App.4th___ B197018 (2nd Dist. Mar. 12, 2008) | |
May 2008: Second Appellate District Finds Water Supply Assessments Not Actionable until Completion of Environmental Review Process California Water Impact Network v. Newhall County Water District, ___Cal.App.4th____ 2:08-cv-00220-FCD-KJM (2nd Dist April 16, 2008) | |
April 2008: aaa aaa aaa | |
March 2008: Second District Court Upholds City’s Extension of Conditional Use Permit Despite Separate Agreement to Discontinue Use Richeson v. Helal 158 Cal.App.4th 268 (2nd Dist. as modified Dec. 21, 2007) | |
March 2008: Second District Concludes Permitted Maximum Emissions Improper Baseline for CEQA Review where ‘Realized Physical Conditions on the Ground’ Differed Communities for a Better Environment, et al. v. South Coast Air Quality Mgmt. Dist., et al., ___Cal.App.4th_ __ B193500 (2nd Dist. Dec. 18, 2007) | |
February 2008: Second District Court Finds Quiet Title Action to Parking Spaces Required to Be Transferred Pursuant to CC&Rs Timely Filed by Party in Posession Crestmar Owners Association v. Stapakis, ___Cal.App.4th___ B191049 (2nd Dist. Dec. 13, 2007) | |
January 2008: Second District Court Finds Request for Relocation Assistance Benefits from Redevelopment Agency Untimely Bi-Rite Meat & Provisions Co. v. Redevelopment Agency of the City of Hawaiian Gardens ___Cal.App.4th___ (2nd Dist. Oct. 24, 2007) | |
January 2008: Second District Court Remands Award of Attorneys’ Fees to Condemnees in Redevelopment Agency Eminent Domain Suit Redevelopment Agency of the City of Long Beach v. Morales, ___Cal.App.4th___ BC 326364 (2nd Dist. Nov. 28, 2007) | |
December 2007: Second District Court Finds Burden on Commercial Enterprise Used to Fund Religious Organization Does Not Constitute Substantial Burden within the Meaning of RLUIPA Scottish Rite Cathedral Assn. of Los Angeles v. City of Los Angeles 156 Cal.App.4th 108 (2nd Dist. 2007) | |
December 2007: Second District Court Rules Real Party In Interest May Be Liable for Attorneys’ Fees as an ‘Opposing Party’ under Private Attorney General Doctrine Mejia v. City of Los Angeles et al. 156 Cal.App.4th 151 (2nd Dist. 2007) | |
November 2007: Second District Court Finds Ellis Act Does Not Permit Developer to Evict Tenants without Complying with CEQA Mitigation Measures Lincoln Place Tenants Ass’n v. City of Los Angeles, ___Cal.App.4th ___ B193235 (2nd Dist Sept. 19, 2007) | |
November 2007: Second District Court Applies Vineyard Principles for the First Time in Approving County’s Water Supply Analysis Santa Clarita Organization For Planning The Environment, et al. v. County of Los Angeles, Newhall Land And Farming Company et al., 155 Cal.App.4th 660, (2nd Cir. 2007) | |
October 2007: Second District Court Holds Business Competitor Lacks Standing to Bring CEQA Lawsuit | |
October 2007: Second District Upholds City’s Use of Addendum under CEQA where Revised Project Will Not Result in New Significant Impacts or Increase Severity of Disclosed Impacts Mani Brothers Real Estate Group v. City of Los Angeles, ___Cal.App.4th___ B194309 (2nd Dist. Aug. 3, 2007) | |
October 2007: Second District Court Holds ‘Cost to Create’ Is Appropriate Method for Calculating Loss of Goodwill in Eminent Domain Valuation Inglewood Redevelopment Agency v. Aklilu, ___Cal.App.4th___ B185107 (2nd Dist. July 30, 2007) | |
July 2007: Second District Rules that Regional Board Orders Are Not Exempt from State Constitutional Requirements for Reimbursement of Mandated Costs County of Los Angeles v. Commission on State Mandates, et al. 150 Cal.App.4th 898 (2nd Dist. 2007) | |
July 2007: Second District Overturns Coastal Commission Denial of Permit for Gates and No Trespassing Signs on Malibu Property LT-WR, LLC v. California Coastal Commission, ___ Cal.App.4th___ B187666 (2nd Dist. May 25, 2007) | |
July 2007: Second District Finds Deed Conveying Easement for Garage Did Not Violate Subdivision Map Act Blackmore v. Powell, ___Cal.App.4th___ B185326 (2nd. Dist. May 22, 2007) | |
April 2007: Second District Finds that CEQA Review Is a Prerequisite to Approval of Agreement for Conveyance and Development of Historic Property Save Tara v. City of West Hollywood, ___Cal.App.4th ___ B185656 (2nd Dist. Feb. 21, 2007) | |
March 2007: Second District Dismisses Constitutional Challenge to AB 687—Underlying Casino Contracts Are Subject to Validation Statutes California Commerce Casino, Inc., et al. v. Arnold Schwarzenegger, as Governor, et al. 146 Cal.App.4th 1406 (2nd Dist. 2007) | |
January 2007: Second District Court Finds Late Night City Council Meetings Not Properly Challenged by Two Santa Monica City Council Members Holbrook v. City of Santa Monica, ___ Cal.App.4th ___ B182990 (2nd. Dist. Nov. 20, 2006) | |
December 2006: California Court of Appeal Rules Los Angeles Regional Board’s MS4 Permit Is Not Subject to California Environmental Quality Act County of Los Angeles v. State Water Resources Control Bd. 143 Cal.App.4th 985 (Cal. App. 2nd Dist.2006) | |
December 2006: In Quiet Title Action, Second District Finds City Accepted Offer of Dedication of Street and No Abandonment Occurred Wright v. City of Morro Bay, ___Cal.App.4th___ B176929 (2nd Dist. Nov. 7, 2006) | |
October 2006: Second District Concludes Boaters’ Right to View Coastline Not a Proper Consideration in Coastal Commission’s Regulation of Coastal Development Schneider v. California Coastal Commission 140 Cal.App.4th 1339 (2nd Dist. 2006) | |
June 2006: Upon Reconsideration, Second District Confirms Settlement Reached Between City and Developer in Closed Session Violates the Brown Act Trancas Property Owners Association v. City of Malibu, ___Cal.App.4th___ B174674 (2nd Dist. March 30, 2006) | |
May 2006: Court Uphold’s Castaic Lake Water Agency’s Groundwater Banking Plan California Water Network v. Castaic Lake Water Agency Case No. B177978 (Ventura County Super. Ct. March 23, 2006) | |
May 2006: Second District Court Upholds Amended Hollywood Redevelopment Plan—Substantial Evidence Supported the Finding of Blight Blue v. City of Los Angeles, ___Cal.App.4th___ B180319 (2nd Dist. March 1, 2006) | |
May 2006: Second District Court Affirms Trial Court’s Findings Regarding Goodwill, Valuation Date, and Admissibility of Expert Testimony in Eminent Domain Action City of Santa Clarita v. NTS Technical Systems, ___Cal.App.4th___ B169596 (2nd Dist. Mar. 3, 2006) | |
May 2006: Second District Holds Easement Deed Creating a Further Right to Grant Easements for Like Purposes Permitted the Dominant Tenement to Convey Easements to Adjacent Properties Newmyer v. Parklands Ranch, ___Cal.App.4th___ B180461 and B184674 (2nd Dist. March 23, 2006) | |
May 2006: California Court of Appeal Upholds Clean Air Act’s PM10 and Ammonia Emissions Rule Western States Petroleum Association v. South Coast Air Quality Management District, ___Cal.App.4th___ B181303, (2nd Dist. Feb. 15, 2006) | |
April 2006: Second District Determines the Probable Date of Valuation in Eminent Domain Action Is the Date of Deposit of Probable Compensation City of Santa Clarita v. NTS Technical Systems, ___Cal.App.4th___ B169596 (2nd Dist. Feb. 3, 2006) | |
April 2006: Second District Finds City Violated Mortgagee’s Due Process Rights by Demolishing Substandard Building without Proper Notice D & M Financial Corp. v. City of Long Beach, ___Cal.App.4th___ B173977 (2nd Dist. Jan. 30, 2006) | |
March 2006: Second District Holds Regulatory Taking Claim Is Ripe when County Denies Application to Subdivide Parcel into Two Residential Lots Dunn v. County of Santa Barbara, ___Cal.App.4th___ B175149 (2nd Dist. Jan. 25, 2006) | |
February 2006: Second District Court Finds Feral Peafowl Are Not Instrumentalities of Palos Verdes Estates—City’s Peafowl Management Program Is Lawful Butler v. City of Palos Verdes Estates, ___Cal.App.4th___ B177260 (2nd Dist. Dec. 2, 2005) | |
December 2005: Eviction of Tenant from Converted Condominium Unit Is Lawful under City of Santa Monica’s Rent Control Law Bohbot v. Santa Monica Rent Control Board 133 Cal.App.4th 456, (2nd Dist. 2005) | |
December 2005: Second District Decertifies Environmental Impact Report Based upon Inadequate Water Supply Analysis California Oak Foundation v. City of Santa Clarita,___Cal.App.4th___ B175580 (2nd Dist. Nov. 2, 2005) | |
December 2005: Second District Finds Ventura County’s Decision to Deny Subdivision Map Act Certificates of Compliance Supported by Substantial Evidence Fishback v. County of Ventura, ___Cal.App.4th___ B177462 (2nd. Dist. Oct. 26, 2005) | |
November 2005: Second District Finds Settlement Reached between City and Developer in Closed Session Violates the Brown Act Trancas Property Owners Association v. City of Malibu, ___Cal.App.4th___ B174674 (2nd Dist. Sept. 26, 2005) | |
October 2005: Second District Finds Los Angeles Cannot Ignore Mitigation Measures Adopted as Part of Redevelopment Project Lincoln Place Tenants Association v. City of Los Angeles 130 Cal.App.4th 1491 (2nd Dist. 2005) | |
August 2005: Second District Court Rejects Use of Mitigated Negative Declaration where Potential Wildlife and Traffic Impacts May Exist Mejia v. City of Los Angeles, ___Cal.App.4th ___ B174453 (2nd Dist. May 27, 2005; pub. ordered June 16, 2005) | |
July 2005: Second District Court Finds Bad Faith Trumps Claim of Vested Right to Operate Medical Laboratory Specializing in Autopsies Autopsy/Post Services, Inc. v. City of Los Angeles, ___ Cal.App.4th ___ (2nd Dist. May 17, 2005) | |
June 2005: Second District Court Rejects Neighbors’ Request to Intervene in Action Brought by City of Malibu and David Geffen Regarding Site Specific Coastal Public Access City of Malibu v. California Coastal Commission, ___Cal.App.4th___ B171650 (2nd Dist. April 25, 2005) | |
April 2005: Second District Court Finds City of Long Beach Not Liable for Inverse Condemnation Related to Sewer Breach Malkhoo v. City of Long Beach B173806, unpublished opinion, 2nd Dist. Feb. 2, 2005) | |
April 2005: Second District Court Finds Homeowners Association Must Impose Special Emergency Assessment to Pay Civil Judgment James F. O’Toole Company, Inc. v. Los Angeles Kingsbury Court Owners Ass’n. 126 Cal.App.4th 542, (2nd Dist. 2005) | |
April 2005: Second District Court Rejects Second Challenge to Los Angeles’ Approval of a General Plan Federation of Hillside and Canyon Associations v. City of Los Angeles, ___Cal.App.4th ___ B166819 (2nd Dist. Feb. 17, 2005) | |
April 2005: Second District Court Denies Compensation for Loss of Visibility Claim in Inverse Condemnation Action Regency Outdoor Advertising v. City of Los Angeles, ___Cal.App.4th___ B159255 (2nd Dist. Feb. 17, 2005) | |
April 2005: Second District Court Sets the Date of Deposit as Key in Property Valuation in Eminent Domain “Quick Take” Action Mt. San Jacinto Community College District v. Superior Court of Riverside County 126 Cal.App.4th 619 (2nd Dist. 2005) | |
March 2005: Second District Court Recognizes Landlord’s Contractual Duty to Preserve Tenants’ Quiet Enjoyment Implied in Every Lease Agreement Andrews v. Mobile Aire Estates, 125 Cal.App.4th 578 (2nd Dist. 2005) | |
March 2005: Citizens’ Petition to Compel City to Process Coastal Development Permit Is Not a SLAPP Suit despite Pending Appeal of State-Adopted Local Coastal Plan Visher v. City of Malibu, ___Cal.App.4th___ B173471 (2nd Dist. Feb. 1, 2005) | |
February 2005: Second District Court Clarifies the Meaning of a “Big Box Retailer” under AB 178. City of Carson v. City of La Mirada, ___Cal.App.4th___, Case No. B168849 (2nd Dist. Dec. 30, 2004). | |
February 2005: Second District Court Overturns Planning Commission Decision because of the Unacceptable Probability of Actual Bias. Nasha, L.L.C., v. City of Los Angeles, ___Cal.App.4th___, Case No. BC258585 (2nd Dist. Dec. 29, 2004). | |
February 2005: Second District Court Clarifies the Meaning of a “Big Box Retailer” under AB 178. City of Carson v. City of La Mirada ___Cal.App.4th___, Case No. B168849 (2nd Dist. Dec. 30, 2004). | |
February 2005: Second District Court Orders New City Council Hearing because L.A.Council Members Were Inattentive. Lacy Street Hospitality Service, Inc. v. City of Los Angeles, ___Cal.App.4th___, Case No. B170716 (2nd Dist. Dec. 30, 2004). | |
January 2005: Second District Court Reverses Judgment to Dismiss Los Angeles County Lawsuit for Inverse Condemnation Uniwill v. City of Los Angeles, ___Cal.App.4th ___ B168030 (2nd Dist. Nov. 30, 2004) | |
December 2004: Second District Court Finds Subdivision Map Act Permits City to Deny Development in Newly Incorporated City Where Vesting Tentative Map Submitted after Petition for Incorporation City of Goleta v. Superior Court (Santa Barbara) 122 Cal.App.4th 1182 (2nd Dist. 2004) | |
November 2004: Second District Court Rejects Lessee’s Claim for Goodwill in University of California Condemnation Action Regents of the University of California v. Sheily, ___Cal.App.4th ___ B161797 (2nd Dist. Sep. 16, 2004) | |
October 2004: Unnecessary Preparation of Environmental Impact Report by Santa Barbara County Did Not Waive CEQA Exemption for Local Coastal Plan Amendment Santa Barbara County Flower and Nursery Growers Association, Inc. v. County of Santa Barbara, ___Cal.App.4th___ B170027 (2nd Dist. Aug. 17, 2004) | |
October 2004: Second District Permits Castaic Lake Water Agency to Enter the Retail Water Market in the Santa Clarita Valley Klajic v. Castaic Lake Water Agency 121 Cal.App.4th 5 (2nd Dist. 2004) | |
October 2004: Second District Rejects Malibu’s Appeals to Escape from Coastal Commission’s Local Coastal Program Prepared Specifically for the City City of Malibu v. California Coastal Commission, ___Cal.App.4th ___ SS 011355 (2nd Dist. Aug. 23, 2004) | |
October 2004: Landowner Is Time Barred from Challenging Predecessor’s Irrevocable Offer of Dedication Made in Return for Development Entitlements Serra Canyon Co., Ltd. v. California Coastal Commission 120 Cal.App.4th 663 (2nd Dist. 2004) | |
May 2004: Second Appellate District Holds That Adverse Possession May Not Masquerade as a Prescriptive Easement Kapner v. Meadowlark Ranch Ass’n ___Cal.App.4th___, Case No. B163525 (2nd Dist. March 17, 2004). | |
May 2004: Court Rejects Mitigated Negative Declaration, Requires EIR to Be Prepared for Reservoir Cover Based on Flooding and Potentially Significant Aesthetic Impacts Ocean View Estates Homeowners Association, Inc. v. Montecito Water District 116 Cal.App.4th 396 (2nd Dist. 2004). | |
April 2004: Second District Court Prohibits Apportionment of Attorneys’ Fees when Good Faith Improver Cross- Claims to Quiet Title Tremper v. Quinones 115 Cal.App.4th 944 (2nd Dist. 2004). | |
March 2004: City Found In Breach of Implied Contractual Covenant of Good Faith and Fair Dealing over the Renovation and Leasing of a City’s Amphitheater Pasadena Live, LLC v. City of Pasadena 114 Cal.App.4th 1089 (2nd Dist. 2004). | |
March 2004: Grant of Variance to Non-Conforming Use Held Improper Where There Was Insufficient Evidence to Support a Finding that Current Zoning Would Produce Undue Hardship Stolman v. City of Los Angeles 114 Cal.App.4th 916 (2nd Dist. 2003). | |
March 2004: Prospective Purchaser in a Project Subject to the Subdivided Lands Law Was Entitled to Recover under a Bond for Developer Breach, where Agreement Preceded Bond Corby v. Gulf Insurance Co 114 Cal.App.4th 1371 (2nd Dist. 2004). | |
November 2003: California Court of Appeal Decides Regional Boards Need Not Consider Economic Burdens when Determining Permit Effluent Limitations City of Burbank v. California State Water Resources Control Bd. ___Cal.App.4th___, Case No. B150912; City of Los Angeles v. State Water Resources Control Bd., Case Nos. B151175, B152562, consolidated (2nd Dist. Aug. 18, 2003). | |
November 2003: Second District Court finds Actual Construction of Units within Coastal Zone Is Necessary to Trigger Mello Act’s Affordable Housing Requirement Coalition of Concerned Communities v. City of Los Angeles (Catellus Residential Group) ___Cal.App.4th___, Case No. B149092 (2nd Dist. Sept. 8, 2003). | |
October 2003: Court of Appeal Upholds Decision Excluding Evidence of Economic Harm as Irrelevant to Plaintiff’s Facial Takings Challenge of a City Regulation Limiting Development NJD, Ltd. v. City of San Dimas 110 Cal.App.4th 1428, (2nd Dist. 2003). | |
October 2003: Court of Appeal Upholds Los Angeles Unified School District’s Adoption of Level Two School Impact Fees Coalition for Affordable Housing v. City of Los Angeles Board of Education Case No. B 159777, unpublished opinion (2nd Dist. July 1, 2003). | |
September 2003: California Court of Appeal Finds Qualified Pollution Exclusion Exempts Coverage for Discharge of Contamination Occurring before the Policy Period, Even If Damage Is Ongoing Westoil Terminals Co., Inc. v. Industrial Indemnity Company 110 Cal.App.4th 139 (2003). | |
August/September 2003: Second District Court of Appeal Upholds Denial of Motion to Equitably Apportion Unused Storage Capacity in Adjudicated Groundwater Basin Central and West Basin Water Replenishment District v. Southern California Water Company, et al. 109 Cal.App.4th 891 (2nd Dist. June 3, 2003). | |
August/September 2003: Landlord’s Notices to Rent Control Board Regarding Property’s Availability in Rental Market Did Not Insulate Landlord from Prior-Rents Scrutiny by Board Santa Monica Rent Control Board v. Pearl Street, LLC, et al. ___Cal.App.4th___, Case No. B15775, (2nd Dist. June 20, 2003). | |
July 2003: Court of Appeal Confirms that in Action for Inverse Condemnation, Recovery of Mitigation Expenses Is Not Dependant upon a Showing that, "but for" the Mitigation Efforts, Damages Would Have Been Sustained CUNA Mutual Life Insurance Company v. Los Angeles County Metropolitan Transportation Authority ___Cal.App.4th___, Case No. B149100 (2nd Dist. April 30, 2003). | |
June 2003: In a Case of First Impression, California Court of Appeal Holds One-Year Statute of Limitation Applies to Action to Recover Penalties under Proposition 65 Shamsian v. Atlantic Richfield Company ___Cal.App.4th___, Case No. B157698 (2nd Dist. April 10, 2003). | |
April 2003: Newhall Project Delayed Again by Appellate Court; More Water Supply Analysis Required Santa Clarita Organization for Planning the Environment et al. v. County of Los Angeles ___Cal.App.4th___. Case No. B155552 (2nd Dist. Feb. 27, 2003). | |
February 2003: Neither "Passive Migration" nor "Continued Presence" of Toxic Contaminants Constitutes a "Discharge" or "Release" under Proposition 65 Consumer Advocacy Group, Inc. v. Exxon Mobil Corporation ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002). | |
February 2003: California Appellate Court Affirms Trial Court's Ruling that "Passive Migration" Is Not a "Discharge or Release" within the Meaning of the State's Proposition 65 Statute Consumer Advocacy Group Inc. v. Exxon Mobil Corp ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002). | |
January 2003: CEQA Requires Additional Environmental Review Where a Project Is Not Contemplated at Time of Program EIR's Preparation Natural Resources Defense Council, Inc. v. City of Los Angeles 103 Cal.App.4th 268 (2nd Dist. Oct. 30, 2002). | |
November 2002: Court of Appeal: Court of Appeal Finds Planning Commission Justified in Requiring Environmental Impact Report for 21-Unit Segmented Residential Project 41 Arviv Enterprises, Inc. v. South Valley Planning Commission 101 Cal.App.4th 1333 (2nd Dist. Sept. 11, 2002). | |
November 2002: Court of Appeal Finds Offsite View Corridor Mitigation Is Consistent with Requirements of the California Coastal Act La Costa Beach Homeowners Association v. California Coastal Commission 101 Cal.App.4th 804 (2nd Dist. Aug. 29, 2002). | |
November 2002: Court of Appeal Upholds Santa Monica's Adoption of Preferential Parking Zone for Residents under Categorical Exemption to CEQA Santa Monica Chamber of Commerce v. City of Santa Monica 101 Cal.App.4th 786 (2nd Dist. Aug. 29, 2002) | |
July 2002: Second District finds the Santa Monica Mountains Conservancy Is Not Immune from the City of Malibu's Land Use Regulations City of Malibu v. Santa Monica Mountains Conservancy 98 Cal.App.4th 460 (2nd Dist. 2002) | |
June 2002: California Court of Appeal Finds Statute of Limitations for Employees' Personal Injury Claims Not Preempted by CERCLA Rivas v. Safety-Kleen Corp., ___Cal.App.4th___ Case No. B133572 (2nd Dist. May 7, 2002). | |
March 2002: Central Basin Pumpers Appeal Decision Denying Their Motion for Groundwater Storage Rights Central-West Basin Replenishment et al., Respondents v. Southern California Water Co. et al., Appellants Case No. B155143, appeal filed Dec. 6, 2001 (2nd Dist). | |
December 2001: Restrictions on Use of Open Areas Not Equivalent to Interest in Land Required for Davis-Stirling Act to Apply The Committee to Save the Beverly Highlands Homes Association et al. v. The Beverly Highlands Homes Association et al. ___Cal.App.4th___, (2nd Dist. Oct. 19, 2001). | |
December 2001: Second District Court of Appeal Finds Landslide Caused by El Nino Rains and Water Main Breaks Did Not Give Rise to Inverse Condemnation Claims Goebel v. City of Santa Barbara 92 Cal.App.4th 549 (2nd Dist. 2001). | |
July 2001: Court of Appeal Upholds Public Utility Commission's Ruling that an EIR Was Not Required for a Railway Expansion City of Vernon v. the Public Utilites Commission, 88 Cal.App.4th 672 - 2nd Dist. 2001 | |
July 2001: Santa Monica's Zoning Ordinance Restricting Occupancy of Second Units to Property Owners, Their Caregivers and Dependents, Violates the California Constitution Coalition Advocating Legal Housing Options v. City of Santa Monica, 88 Cal.App.4th 451 (2nd Dist. March 13, 2001). | |
April 2001: Insurance Company Has No Duty to Defend Policyholder where Alleged Misconduct Occurred outside the Coverage Period Buena Vista Mines, Inc. V. Industrial Indem. Co. ___Cal.App.4th___, Case No. B 138 302 (2nd. Dist. Feb. 28, 2001) | |
April 2001: California Appellate Court Requires Insured To Prove Amount of Damage Caused by Covered Event in order To Be Reimbursed for Clean-Up Costs under Insurance Policy Golden Eagle Refinery Company, Inc. V. Associated International Insurance Company ___Cal.App.4th___, Case No. B132448 (2nd. Dist. Jan. 3, 2001). | |
January 2001: Court Upholds Limited Discovery of Nonlitigants’ Financial Contributions to Public Interest Group’s Litigation as Relevant to Group’s Motion to Recover Fees under “Private Attorney General” Statute Save Open Space Santa Monica Mountains v. Superior Court 84 Cal.App.4th 235, (2nd Dist. Oct. 18, 2000) |
|
|
3rd District Court of Appeal |
|
July 2010: Third District Court of Appeal Issues Stay of Judgment Invalidating Colorado River QSA | |
July 2010: News from the West | |
July 2010: Third District Finds No State Preemption of Ordinance Prohibiting Sale of Tobacco to Minors with Suspending or Revoking Retailer’s Local License as Teeth Prime Gas, Inc. v. City of Sacramento 184 Cal. App.4th 697 (3rd Dist. 2010) | |
June 2010: Third District Upholds Salinity Standards and Dissolved Oxygen Studies in the Sacramento-San Joaquin River Basin San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board, 183 Cal. App.4th 1110 (3rd Dist.2010) | |
February 2010: News from the West | |
February 2010: Third District Dismisses CEQA Claims for Failure to Make a Written Request for Hearing within 90 Days of Filing the Complaint County of Sacramento v. Superior Court, ___Cal. App.4th___ C062025, (3rd Dist. Dec. 29, 2009) | |
December 2009: Third District Finds Absence and Incompetence of Landowner Insufficient to Defeat Adverse Possession Claim Nielsen v. Gibson, ___Cal.App.4th___ C059291, (3rd Dist. Oct. 13, 2009) | |
October 2009: Third District Finds Modified EIR Need Not Be Re- Approved by Planning Commission Before Certification by City Council Tracy First v. City of Tracy, ___Cal.App.4th___ CO59227 (3rd Dist. Aug. 27, 2009) | |
August 2009: Third District Holds Government Code Limiting Attorney’s Fee Awards to the Amount Incurred by the County, Applies Only to Fees Authorized by County Ordinance County of Sacramento v. Sandison, ___Cal.App.4th___ C058396 (3rd Dist. May 29, 2009). | |
August 2009: Third District Finds Lead Agency Disclosure of Privileged Documents to Real Parties in Interest Not a Waiver of Attorney-Client Privilege California Oak Foundation v. County of Tehama, ___Cal.App.4th___ C057578 (3rd Dist. June 11, 2009). | |
June 2009: Third District Holds County’s Flood Control Activities Met Reasonableness Standard—Did Not Give Rise to Inverse Condemnation Liability Hauselt v. County of Butte, ___Cal.App.4th___ C054927 (3rd Dist. Mar. 23, 2009) | |
June 2009: Third District Holds Brown Act Does Not Require Open Meeting to Evaluate Performance of Independent Contractor Acting as LAFCO Executive Director Hofman Ranch v. Yuba County Local Agency Formation Commission 172 Cal.App.4th 805 (3rd Dist. 2009) | |
May 2009: Third District Rules City Violated General Plan Policy Requiring ‘Coordination’ with Agencies Regarding Mitigating Impacts to Wetlands and Species California Native Plant Society v. City of Rancho Cordova, ___Cal.App.4th___ C057018 (3rd Dist. Mar. 24, 2009) | |
May 2009: Third District Holds County’s Flood Control Activities Met Reasonableness Standard—Did Not Give Rise to Inverse Condemnation Liability Hauselt v. County of Butte, ___Cal.App.4th___ C054927 (3rd Dist. Mar. 23, 2009) | |
April 2009: Third District Invalidates City’s Eminent Domain Attempt where Resolution of Necessity Failed to Specify the Public Use City of Stockton v. Marina Towers LLC, ___Cal. App.4th___ CV022054 (3rd Dist. Feb. 13, 2009) | |
April 2009: Third District Rules Local Agency May Not Rely Solely on Fee Program Not Evaluated under CEQA to Issue a Mitigated Negative Declaration and to Approve Project California Native Plant Society v. County of El Dorado 170 Cal.App.4th 1026 (3rd Dist. 2009) | |
March 2009: Third District Holds Real Estate Contract Void Ab Initio Based on Waiver Provision that Violated the Subdivision Map Act Sixells, LLC v. Cannery Business Park, ___Cal. App.4th___ C056267 (3rd Dist. Dec. 29, 2008) | |
January 2009: The Common Law Taketh Away: Revocation of Offers of Dedication under Biagini v. Beckham | |
October 2008: Third District Court Lowers Standard to Obtain “Candidate” Species Status under State Endangered Species Act Center for Biological Diversity v. California Fish and Game Commission, ___Cal.App.4th___ C055059 (3rd Dist. Sept. 8, 2008) | |
October 2008: Third District Court to Review Decision of Superior Court Upholding Water District’s Groundwater Charge under Proposition 218 Howard Jarvis Taxpayers Ass’n v. North San Joaquin Water Conservation District C059758 (3rd Dist. 2008) | |
October 2008: Third District Court Dismisses Action Brought Pursuant to Public Records Act for Failure to Name an Indispensable Party Tracy Press, Inc., v. City of Tracy, ___Cal.App.4th___ C056812 (3rd Dist. July 16, 2008) | |
August 2008: Third District Court Holds Sacramento County Decision to Close Airport Not Preempted by State Law but Is a ‘Project’ Subject to CEQA Review Sunset Skyranch Pilots Association v. County of Sacramento, ___Cal.App.4th___ C055224 (3rd Dist. July 2, 2008) | |
August 2008: Third District Holds Statutory Offer of Road Dedication May Be Revoked under Common Law to Preclude Acceptance by Public Use while Pending for Acceptance by Public Entity Biagini v. Beckham, ___Cal.App.4th___ C054915 (3rd Dist. June 9, 2008) | |
June 2008: Third District Court Allows Low-Income Housing Landlord to Pursue Contract Action against California Department of Housing 300 DeHaro Street Investors v. California Department of Housing and Community Development, ___Cal.App.4th___ C05033 (April 10, 2008) | |
June 2008: Third District Court Holds Irrigation District Could Not Depose LAFCO Commissioners to Discover Information Relating to the Commission’s Denial of Its Application San Joaquin Local Agency Formation Commission v. Superior Court of San Joaquin County, ___Cal.App.4th__ _ C056463 (3rd Dist. April 22, 2008) | |
May 2008: Third District Court Holds Private Attorney General Fees Are Available to Private Parties even When Public Entities Achieved Substantially Similar Result in Litigation State Water Resources Control Board Cases, ___Cal.App.4th___ C055104 (3rd Dist. Mar. 26, 2008) | |
May 2008: Third District Court Overturns Attorneys’ Fees Award against the California Coastal Commission Marine Forests Society v. California Coastal Commission 160 Cal.App.4th 867 (3rd Dist. Mar. 4, 2008) | |
February 2008: Third District Court Upholds California Fish and Game Commission’s Coho Listings as Threatened and Endangered California Forestry Ass’n v. California Fish and Game Comm’n, ___Cal.App.4th___ C053866 (3rd Dist. Nov. 20, 2007) | |
February 2008: Third District Rules Notice of Legislative Body’s Hearing on Zoning Change May Not Be Given before Planning Commission Recommendation Is Received Environmental Defense Project of Sierra County v. County of Sierra, ___Cal.App.4th___ C055448 (3rd Dist. Jan. 9, 2008) | |
January 2008: Third District Court Affirms State Water Resources Control Board’s Use of Term 91 in Water Permits Phelps v. State Water Resources Control Bd. C052770 ___Cal.App.4th___ (3rd Dist. Nov. 26,2007) | |
January 2008: Third District Court Upholds California Fish and Game Commission’s Coho Listings as Threatened and Endangered California Forestry Ass’n v. California Fish and Game Comm’n, ___Cal.App.4th___ C053866 (3rd Dist. Nov. 20, 2007) | |
November 2007: Third District Court Ruling in Bad Faith Insurance Case Likely to Impact Water Agency Negotiations in Groundwater Contamination Cases Aerojet-General Corporation v. Commercial Union Insurance Company 155 Cal.App.4th 132 (3rd Dist. 2007) | |
October 2007: City of Stockton Abandons Appeal of Judgment Ordering Rescission of Contract for Privatization of Water and Sewer Services Concerned Citizens Coalition of Stockton, et al., v. City of Stockton, et al. C054860, (3rd Dist, dismissed by stipulation, Aug. 9, 2007) | |
October 2007: Third District Court Prohibits State Water Resources Control Board Counsel from Acting as Both Prosecutor and Advisor Morongo Band of Mission Indians v. State Water Resources Control Board, 153 Cal.App.4th 202 (3rd Dist. 2007) | |
August 2007: Appellate Victory a Step Forward for the Quantification Settlement Agreement As Imperial County Petitions for Rehearing County of Imperial v. Superior Court of Sacramento County, et al. 152 Cal.App.4th 13 (3rd Dist. 2007) | |
June 2007: Third District Voids Municipal Services Agreement for Proposed Casino Development for Failure to Treat Agreement as a ‘Project’ under CEQA County of Amador et al., v. City of Plymouth, et al., ___Cal.App.4th___ C050066 (3rd Dist. April 17, 2007) | |
May 2007: Back to the Drawing Board: By Court Order, the State Water Resources Control Board Must Revise Its Invalid Water Right Fees | |
May 2007: Third District Holds Attorney General Cannot Recover Attorneys’ Fees under the Private Attorney General Doctrine when Acting on Behalf of California People ex rel. Brown v. Tehama County Board of Supervisors 148 Cal.App.4th 790 (3rd Dist. 2007) | |
May 2007: Third District Finds Subdivision Map Act’s Statute of Limitations Applies to Challenge Conditions on Proposed Development Fogarty v. City of Chico, ___Cal.App.4th___ C052576 (3rd Dist. March 12, 2007) | |
March 2007: Third District Court Holds ‘Project’ for CEQA Purposes Does Not Arise Prior to Vesting of Rights and Agency Course of Action Decision Concerned McCloud Citizens v. McCloud Community Services District et al., Nestle Waters North America, Inc. 147 Cal.App.4th 181 (3rd Dist. 2007) | |
March 2007: Third District Court Rules that State Board Regulatory Fees for Water Rights Permits Are Unconstitutional California Farm Bureau Federation v. California State Water Resources Control Board 146 Cal.App.4th 1126 (3rd Dist. 2007) | |
March 2007: The California State Water Resources Control Board’s Funding Dilemma— Court of Appeal Overturns the Board’s Water Right Fee Regulations | |
March 2007: Third District Court Finds County’s Determination of Vested Rights under SMARA Requires Notice and Public Hearing Calvert v. County of Yuba 145 Cal.App.4th 613; Dec. 5, 2006, modified Jan. 3, 2007 (3rd Dist. 2007) | |
February 2007: Third District Court Allows Strict Products Liability Cause of Action for MTBE Release D.J. Nelson v. Superior Court 144 Cal.App.4th 689 (3rd Dist. 2006) | |
February 2007: Third District Court Affirms Attorneys’ Fees Award Against State Agencies which Attempted to Convert Farmland under Williamson Act Contract into Wildlife Habitat County of Colusa v. California Wild Life Board et al. 145 Cal.App.4th 637 (3rd Dist. 2006) | |
January 2007: Third District Court Rules that Vested Rights Determination under SMARA Must Follow Procedural Due Process Requirements Calvert, et al., v. County of Yuba, ___Cal.App.4th___ C047857 (3rd Dist. Dec. 5, 2006) | |
December 2006: California Appellate Court Recognizes Bystander Recovery in Strict Product Liability for MTBE Cleanup Costs Nelson v. Superior Court, ___Cal.App.4th___ C 052420 (Cal. App. 3rd Dist. Nov. 6, 2006) | |
December 2006: Third District Court of Appeal Upholds Placer County’s CEQA Finding that a Mining Operation Has a Sufficient Water Supply Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert, Inc.), ___Cal.App.4th___ C049364 (3rd Dist. Nov. 9, 2006) | |
December 2006: Jumping through Hoops on the Way to the Courthouse: Citizens for Open Government v. City of Lodi and the Duty to Exhaust Administrative Remedies under CEQA | |
November 2006: Third District Court Narrows the Ability of State Water Resources Control Board to Impose Term 91 El Dorado Irrigation District v. State Water Resources Control Board 142 Cal.App.4th 937 (3rd Dist. 2006) | |
November 2006: Third District Finds Purchase and Conversion of Land for Conservation Easement Not Categorically Exempt from CEQA Despite Its Environmentally Beneficial Purpose California Farm Bureau Federation v. California Wildlife Conservation Board, ___Cal.App.4th___ C049919 (3rd Dist. Sept. 21, 2006) | |
November 2006: Third District Finds Public Agencies Fulfilled Their Statutory Duties under CEQA and CESA In Creating Natomas Basin Habitat Conservation Plan Environmental Council of Sacramento v. City of Sacramento, et al., 142 Cal.App.4th 1018 (3rd Dist. 2006) | |
October 2006: Third District Concludes Airport Variance Did Not Entitle County to Obstruct Navigable Airspace in Perpetuity Rancho Murieta Airport, Inc. v. County of Sacramento, ___Cal.App.4th___ C049783 (3rd Dist. Aug. 29, 2006) | |
October 2006: Third District Finds City’s Reliance on Addendum to Previous Project’s Mitigated Negative Declaration Violates CEQA Save Our Neighborhood v. Lishman 140 Cal.App.4th 1288 (3rd Dist. 2006) | |
June 2006: Third District Upholds Mining Reclamation Regulation as within State Mining and Geology Board’s Authority and Consistent with the Surface Mining Act Mineral Associations Coalition v. State Mining and Geology Board 138 Cal.App.4th 574 (3rd Dist. April 12, 2006) | |
May 2006: The Robie Decision and the Future of California Water Law | |
May 2006: News from the West Barnes v. Hussa, 136 Cal.App.4th 1358 (Cal.App. 2006); Arizona v. California, 547 U.S.___ 8, orig. (March 27, 2006) | |
April 2006: Third District Court of Appeal Rules on the Validity of SWRCB’s Decision D-1641 State Water Resources Control Board Cases, ___Cal.App.4th___ C044714, (3rd Dist. Feb. 9, 2006) | |
April 2006: In the Absence of Injury to Other First Priority Water Rights Holders, a Party May Put Her Entire Allotment to Any Benefiicial Use Barnes v. Hussa, ___Cal.App.4th___ C049163 (3rd Dist. Feb. 24, 2006) | |
April 2006: Third District Finds Compliance with California Department of Pesticide Regulation’s Regulatory Program Constitutes Equivalent CEQA Compliance Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation 136 Cal.App.4th 1049 (3rd Dist. 2006) | |
April 2006: aaa aaa aaa | |
March 2006: California Supreme Court Accepts Review of In re Bay-Delta Programmatic EIR Cases In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 133 Cal.App.4th 154 (2005), cert. granted, Cal. Supr. Ct., Jan. 25, 2006 | |
March 2006: ‘Principal County’ LAFCO Had Exclusive Jurisdiction to Establish Sphere of Influence for a Multi-County District within the Boundaries of the Local LAFCO’s County Placer County Local Agency Formation Commission v. Nevada County Local Agency Formation Commission 135 Cal.App.4th 793 (3rd Dist. 2006) | |
January 2006: Third District Rules Air Quality and Alternatives Analysis In EIR/EA for Proposed Hotel, Casino and Highway Interchange Project Inadequate County of El Dorado v. California Department of Transportation, et al. 133 Cal.App.4th 1376 (3rd Dist. 2005) | |
January 2006: News from the West In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings 133 Cal.App.4th 154 (3rd Dist. 2005) | |
December 2005: Third District Court Holds Bay-Delta Programmatic Environmental Impact Statement/Report Legally Insufficient In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, ___Cal.App.4th___ 4152, (3rd Dist. Oct. 7, 2005) | |
December 2005: Third District Holds No Unconstitutional Taking Occurred where Local Open Range Ordinance Allows Free-Ranging Cattle to Use Private Property Herzberg v. County of Plumas, ___Cal.App.4th___ C048130 (4rd Dist. Oct. 3, 2005) | |
November 2005: Ball, Strike or Balk? Public Accountablity and Judicial Restraint in In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings | |
November 2005: Third District Finds Parcel Map Is Not Official Government Survey; Is Subject to Impeachment Fripp v. Walters 132 Cal.App.4th 656 (3rd Dist. 2005) | |
August 2005: Third District Court Upholds EIR for Proposed Wal-Mart on All Grounds Except Traffic Mitigation Fees Anderson First Coalition v. City of Anderson, FHK Companies, Inc., ___Cal.App.4th___ CO47605 (3rd Dist. June 30, 2005) |
July 2005: Nine Lawsuits Plague Colorado River Quantification Settlement Agreement | |
June 2005: Sacramento County Rewarded for Comprehensive Water Supply Planning for Future Growth Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova | |
June 2005: Third District Court Decides State Lands Commission’s Finding that Project “Enhanced The Configuration of the Shoreline” Not Supported by Substantial Evidence California Earth Corps v. California State Lands Commission, ___Cal.App.4th___ C041603 (3rd Dist. April 21, 2005) | |
May 2005: California Supreme Court Declines to Hear Delta Wetlands Case Central Delta Water Agency v. State Water Resources Control Board 124 Cal.App.4th 245 (3rd Dist. 2004), petition for review denied, March 16, 2005 | |
May 2005: Third District Court Rules ‘Identified,’ Though Not Yet Developed, Water Supply May Satisfy CEQA Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Assn.) 127 Cal.App.4th 490 (2005) | |
April 2005: Third District Court Finds Specificity in Indenture Prevents Owners of Dominant Estate from Erecting Gates across Easement Van Klompenburg, et al. v. Berghold 126 Cal.App.4th 345 (3rd Dist. 2005) | |
January 2005: Third District Court Rules State Water Resources Control Board Must Specify ‘Actual Use’ Central Delta Water Agency v. State Water Resources Control Board (Delta Wetlands Properties) C041749, modifying opinion of Nov. 19, 2004 (3rd Dist. Dec. 16, 2004) | |
January 2005: Third District Court Upholds Timber Harvest Plans in El Dorado and Calaveras Counties Ebbetts Pass Forest Watch v. California Department of Forestry and Fire Protection 123 Cal.App.4th 1331 (3rd Dist. 2004) | |
December 2004: Third District Court Upholds El Dorado County’s Finding that Mining Reclamation Plan Did Not Require Preparation of an EIR El Dorado County Taxpayers for Quality Growth v. County of El Dorado 122 Cal.App.4th 1591 (3rd Dist. 2004) | |
December 2004: Third District Rejects Holding in McCormick v. Board of Supervisors—Finds CEQA Requirement to Request a Hearing within 90-days Satisfied by Document Entitled “Request for a Hearing”. Association for Sensible Development at Northstar, Inc. v. Placer County (Northstar Mountain Properties, LLC) ___Cal.App.4th___ CO44364 (3rd Dist. Oct, 4, 2004) | |
November 2004: Third District Court Upholds Reclamation Plan Approval Based on a Negative Declaration. El Dorado County Taxpayers for Quality Growth v. County of El Dorado CO44541, unpublished opinion (3rd Dist. Sept. 14, 2004) | |
October 2004: Third District Finds Counties May Regulate Private Reservoirs Delta Wetlands Properties v. County of San Joaquin 121 Cal.App.4th 128 (3rd Dist. 2004) | |
July 2004: Court of Appeal Finds Lodi’s Municipal Environmental Ordinance Is Preempted by California Statute. City of Lodi v. Randtron 118 Cal. App. 4th 337 (2004). | |
June 2004: California Court of Appeal Finds State Statue Preempts Municipal Authority Over Cleanup of State-Listed Sites City of Lodi v. Randtron, ___Cal.App.4th___ C037445, C038921 (Cal.App. 3rd Dist. May 5, 2004). | |
May 2004: Third Appellate Court: Looking at Gold Dredging, Defines a River’s “Banks” under California Fish and Game Code People v. Osborn ___Cal.App.4th___, Case No.C042750 (3rd Dist. March 8, 2004). | |
May 2004: Water Agency’s EIR Found Invalid under CEQA for Failure to Include a Statement of Reasons Protect the Historic Amador Waterways v. Amador Water Agency 116 Cal.App.4th 1099 (3rd Dist. 2004). | |
January 2004: California Court of Appeal Rules that State of California Is Liable for Flood Control Damage Due to Faulty Levee Construction Paterno v. State of California ___Cal.App.4th___, Case No. C040553 (3rd Dist. Nov. 26, 2003). | |
December 2003: California Court of Appeal Rules Department of Water Resources Must Make a Determination that Its Revenue Requirements Are Just and Reasonable Pacific Gas & Electric Company v. California Department of Water Resources 112 Cal.App.4th 477 (3rd Dist. 2003). | |
November 2003: Third District Court of Appeal Upholds California Air Resources Board’s Efforts to Reduce Burning of Rice Straw in the Sacramento Valley | |
November 2003: Third District Court of Appeal Upholds California Air Resources Board’s Efforts to Reduce Burning of Rice Straw in the Sacramento Valley Carrancho v. California Air Resources Board 111 Cal.App.4th 1255 (3rd Dist. 2003). | |
August 2003: California Court of Appeal Affirms Air District Is Immune from Liability for Miscalculating Amount of Farm’s Emission Reduction Credits Jopson v. Feather River Air Quality Management District ___Cal.App.4th___, Case No. CO41927 (Cal. App. May 2, 2003). | |
July 2003: Director of the California Department of Conservation Lacked Standing to Petition for Writ of Mandate against Lead Agency California Department of Conservation v. El Dorado County ___Cal.App.4th___, Case No. C039428 (3rd Dist. May 9, 2003) | |
May 2003: Court of Appeal: Third District Finds that Albertson's Grocery Store Is Not a Traditional Public Forum for Free Speech Purposes Albertson's, Inc. v. Young ___Cal.App.4th___, Case No. C037270 (3rd Dist. March 18, 2003). | |
May 2003: County Did Not Violate CEQA by Analyzing Two Projects in a Single Environmental Impact Report Neighbors of Cavitt Ranch, et al. v. County of Placer ___Cal.App.4th___, Case No. C040450 (3rd Dist. March 7, 2003). | |
April 2003: Court of Appeal Finds Supreme Court's Summary Denial of Mandamus Petition on Thermal Power Plant Sufficient to Constitute Final Determination on the Merits of the Claim Santa Teresa Citizen Action Group, et al. v. California Energy Commission 105 Cal.App.4th 1441(3rd Dist. 2003). | |
February 2003: California Coastal Commission Held Unconstitutional; Legislative Responses Likely Marine Forests Society v. California Coastal Commission ___Cal.App.4th___, Case No. C038753 (3rd Dist. Dec. 30, 2002). | |
December 2002: Court of Appeal: Third District Court of Appeal Invalidates Portions of CEQA Guidelines Communities for a Better Environment et al. v. California Resources Agency ___Cal.App.4th___, Case No. C038844 (3rd Dist. Oct. 28, 2002). | |
December 2002: Third District Court of Appeal Holds "Common Grantor" Requirement for Easement by Necessity May Be Satisfied where Federal Government Was the Common Grantor Kellogg v. Garcia 102 Cal.App.4th 796 (3rd Dist. Oct. 2, 2002). | |
October 2002: In Eminent Domain Action, Unreasonable Pre-condemnation Conduct Must be Found by the Court before Evidence of Klopping Damages May Go before the Jury City of Ripon v. Sweetin ___Cal.App.4th___,Case Nos.C036592,C037212 (3rd Dist.July 30,2002). | |
October 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers Western States Petroleum Association v. Department of Health Services ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27, 2002). | |
October 2002: Historic Road through Yuba County Goldfields, Offered for Dedication by the United States and Accepted and Held By Yuba County, Remains a Public Road Western Aggregates, Inc. v. County of Yuba 100 Cal.App.4th 259 (3rd Dist.2002). | |
September 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not a Majority, of Consumers Western States Petroleum Association v. Department of Health Services, ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27,2002). | |
August 2002: Third District Upholds Secondary Drinking Water Standard For MTBE. Western States Petroleum Association, et al. v. Department of Health Services, ___Cal.App.4th___, Case No. CO37502 (3rd Dist. July 27, 2002). | |
July 2002: Municipality May Not Impose a Flat Fee on Water, Refuse, or Sewer Utilities under Proposition 218 Howard Jarvis Taxpayers Association v. City of Roseville 97 Cal.App.4th 637 (3rd Dist. 2002) | |
July 2002: Row of Trees May Qualify As a Nuisance under California's Spite Fence Statute Wilson v. Handley 97 Cal.App.4th 1301 (3rd Dist. 2002). | |
July 2002: Third District Finds CEQA Baseline Is Normally the Existing Environment when Environmental Review Begins Kenneth F. Fat et al., v. County of Sacramento; Sunset Skyranch Pilots Association et al. 97 Cal.App.4th 1270 (3rd Dist. 2002) | |
November 2001: Court of Appeal Finds Placer County's Decision to Prohibit Residential Development within One Mile of County Landfill Was Supported by Substantial Evidence. Placer Ranch Partners v. County of Placer 91 Cal.App.4th 1336 (3rd Dist. 2001). | |
November 2001: California Court of Appeal Considers Objections to Decision at October 12, 2001 Hearing in Paterno Flood Liability Trial Paterno v. State of California et al. 3rd Cir. on retrial, hearing to challenge preliminary decision, Oct. 12, 2001. | |
April 2001: California Court of Appeal Declines Automatic Disqualification of Attorney Whose Former Firm had Represented Adversary in Related Environmental Matters Daphne v. Aerojet-General Corporation ___Cal.App.4th___, Case No. CO31323 (3rd. Dit. Feb. 7, 2001) | |
February 2001: Third District Finds Constitutional Protection of Petitioning Activities at Privately-Owned Shopping Centers Does Not Extend to Stand-Alone Big Box Retail Stores Waremart, Inc. v. Progressive Campaigns, Inc. 85 Cal.App.4th 679, 2000, 102 Cal.Rptr.2d 392 (3rd Dist. Dec. 18, 2000) | |
February 2001: California Supreme Court Declines to Review Court of Appeal's Decision Invalidating The Monterey Agreement EIR Planning and Conservation League v. Department of Water Resources, 83 Cal.App.4th 892 (Sept. 15, 2000) pet. for Reh Denied Cal.Sup.Ct., (Dec. 13, 2000) |
|
|
4th District Court of Appeal |
|
August 2010: Fourth District Holds Statutory Criteria for Water Supply Assessments Are Not Ambiguous—Proposed Open-Air Composting Facility Is a ‘Project’ Center for Biological Diversity et al. v County of San Bernardino 185 Cal.App.4th 866 (4th Dist. 2010) | |
August 2010: Fourth District Finds a Siting Agreement Does Not Require CEQA Review if It Does Not Constitute a Commitment to Proceed with the Project City of Santee v. County of San Diego, ___Cal.App.4th___ D055310 (4th Dist. 2010) |
August 2010: Fourth District Holds Additional CEQA Review Is Not Required Where a Public Agency Does Not Have Discretionary Approval over a Project San Diego Navy Broadway Complex Coalition v. City of San Diego 185 Cal.App.4th 924 (4th Dist. 2010) | |
July 2010: Fourth District Rejects ‘Public Streets, Highways, and Service Easements Vacation Law’ as Exclusive Method to Vacate Public Rights-Of-Way and Easements for Redevelopment Projects Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___ 37-2008-00090571-CU-MC-CTL (4th Dist. 2010) | |
July 2010: Fourth District Finds CEQA Violation Where Infeasibility Determination for Alternative Looked to Only One Facility—Finds need for Water Supply Assessment Center for Biological Diversity v. County of San Bernardino, ___Cal.App.4th___ D056652, D056648 (4th Dist. May 25, 2010) | |
February 2010: Fourth District Requires an EIR on a General Plan Amendment, Declines to Overturn Approvals of Tentative Parcel Maps Inyo Citizens For Better Planning v. Inyo County Board of Supervisors, ___Cal.App.4th___ E046646, (4th Dist. Dec. 12, 2009) | |
January 2010: Fourth District Finds Local Agency Failed to Demonstrate Application of ‘Class 8’ CEQA Exemption to Passage of Air Pollution Offset Rule California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, 178 Cal.App.4th 1225 (4th Dist. 2009) |
December 2009: California Appellate Court Invalidates Regional Air Quality District’s Rule Allowing Air Pollution Offset Credits California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, ___Cal.App.4th___ E046687 (4th Dist. Oct. 30, 2009) | |
November 2009: Fourth District Affirms that Private Recreational Common Area Does Not Convert to Public Accommodation Due to Consent to Public Use Carolyn v. Orange Park Community Association, ___ Cal.App.4th___ G041177 (4th Dist. Sept. 21, 2009) | |
October 2009: Fourth District Upholds Lead Agency’s Right to Select the Entity that Will Receive Mitigation Lands Dedicated by a Developer Pursuant to CEQA The Habitat Trust for Wildlife, Inc., v. City of Rancho Cucamonga et al., ___Cal.App.4th___ E042229, E043925, E044797 (4th Dist. 2009) | |
August 2009: Fourth District finds Approval of Design Plan Application for Previously Approved Business Center Was a Ministerial Act Not Subject to CEQA Health First v. March Joint Powers Authority, 174 Cal. App.4th 1135 (4th Dist. 2009). | |
June 2009: Fourth District Rules CEQA 30-Day Statute of Limitations Applies to Agency Action Taken Pursuant to a Certified Regulatory Program Strother v. California Coastal Commission, ___Cal. App.4th___ G040745 (4th Dist. April 30, 2009) | |
April 2009: Examining the Importance of the California Supreme Court’s Decision in Save Tara v. City of West Hollywood | |
March 2009: Fourth District Finds Water District’s Contractual Agreement for Water to Landfill Was Part of the Overall Project and Approval Subject to CEQA Riverwatch v. Olivenhain Municipal Water District, ___Cal.App.4th___ D052237 (4th Dist. Jan. 9, 2009, modified Jan. 30, 2009) | |
March 2009: News from the West | |
January 2009: Fourth District Court Rules Subdivision Map Act’s 90-Day Service of Summons Requirement Applies to CEQA Causes of Action Friends of Riverside’s Hills v. City of Riverside, ___Cal. App.4th___ EO42724 (4th Dist. Nov. 24, 2008) | |
December 2008: Fourth District Court Upholds Clear Language Granting Exclusive Use of Easement to Bar Servient Tenement from Asserting Limited Rights of Access Gray v. McCormick, ___Cal.App.4th___ G039738 (4th Dist. Oct. 23, 2008) | |
November 2008: Fourth District Court Finds County Grading Ordinance Compliance Required Notwithstanding Federal Funds Grant Martin v. Riverside County Department of Code Enforcement, ___Cal.App.4th___ E046276 (4th Dist. Sept. 19, 2008) | |
July 2008: Fourth District Court Holds Challenge Brought within 30 Days of Posting Amended Notice of Determination Timely Filed and Upholds Analysis in Supplemental EIR Sierra Club v. City of Orange, ___Cal.App.4th___ G037999 (4th Dist. May 30, 2008) | |
May 2008: Fourth District Court Affirms Enforcement of Homeowners Association’s Unrecorded Architectural Guidelines Pacific Hills Homeowners Association v. Prun, ___Cal. App.4th___ G038244 (4th Dist. Mar. 20, 2008) | |
May 2008: Fourth District Court Holds Substantial Evidence Supported Fair Argument that Senior Housing Project May Have Significant Environmental Impact Citizens For Responsible Government v. City of Grand Terrace, ___Cal.App.4th___ E041493/E042092 (4th Dist. Feb. 21, 2008) | |
March 2008: Fourth District Court Removes Procedural Hurdle to Water Quality Litigation Schutte & Koerting, Inc. v. California Regional Water Quality Control Bd., San Diego Region, ___Cal.App.4th___ D048830 (4th App. Dist. Jan. 16, 2008) | |
March 2008: Fourth District Court Deems Statutes Creating Residency Requirements for Circulators of Municipal Referendum Unconstitutional Preserve Shorecliff Homeowners v. City of San Clemente, ___Cal.App.4th___ G038649 (4th Dist. Jan. 16, 2008) | |
February 2008: Fourth District Court Confirms Date of Deposit as Valuation Date in Eminent Domain Proceeding for Water Pipeline Easement Eastern Municipal Water District v. Superior Court of Riverside County (Tajik), 157 Cal.App.4th 1245 (4th Dist. 2007) | |
February 2008: Fourth District Court Finds EIR’s Failure to Address Prospective ‘Second Dwelling Units’ Not Fatal Save Round Valley Alliance v. County of Inyo, ___Cal.App.4th___ E041364 (4th Dist. Dec. 17, 2007) | |
February 2008: Fourth District Court Confirms Trial Date for Valuation in Eminent Domain—Distinguishes Mt. San Jacinto Community College District Decision San Diego Metropolitan Transit Development Board v. RV Communities, ___Cal.App.4th___ GIC774602-1 (4th Dist. Dec. 21, 2007) | |
February 2008: EPA Approves Plan by Northeast States to Lower Mercury Levels in Fish | |
January 2008: Fourth District Court Finds Real Property Acquired by Regional Park District ‘Actually Dedicated’ for Park Purposes by Operation of Law When Acquired Ste. Marie v. Riverside County Regional Park and Open Space District 156 Cal.App.4th 1148 (4th Dist. 2007) | |
December 2007: Fourth District Court Holds Pre-Election Challenge to Eminent Domain Initiative Does Not Violate Anti-SLAPP Law City of Riverside v. Stansbury, ___Cal.App.4th___ EO40125 & EO40973 (4th Dist. Oct. 12, 2007) | |
December 2007: Fourth District Court Considers Appropriate Measure of Damages for Trespass Action Bailey v. Outdoor Media Group, et al., ___Cal.App.4th___ EO40071 (4th Dist. Sept. 25, 2007) | |
November 2007: Fourth District Court Finds in Favor of Redevelopment Agency—Rejects Challenge to ‘Taking’ of Business Properties Where Right to Challenge Was Waived Redevelopment Agency of the City of San Diego v. Mesdaq ___Cal.App.4th___ (4th Dist. Aug. 31, 2007) | |
August 2007: Fourth District Concludes National Church May Enforce Trust on Local Parish Property under California Case Law Episcopal Church Cases, ___Cal.App.4th___ G036096, G036408, G036868 (4th Dist. June 25, 2007) | |
July 2007: Fourth District Upholds Redevelopment Agency’s Execution of Municipal Services Agreement with Tribe —Agreement Did Not Render ‘Assistance’ in Casino Development Hesperia Citizens for Responsible Development v. City of Hesperia et al., ___Cal.App.4th___ D049614 (4th Dist. May 30, 2007) | |
July 2007: Fourth District Finds Venue Provision Challenging Acts of Public Officials Includes Suits Seeking to Vindicate Public Rights California State Parks Foundation et al., v. Superior Court of San Diego County; Foothill/Eastern Transportation Corridor Agency et al. 150 Cal.App.4th 826 (4th Dist. 2007) | |
April 2007: Allegretti v. County of Imperial: Return to Reason | |
April 2007: Fourth District Holds City’s Issuance of Grading Permit Consistent with Conditional Use Permit Did Not Violate CEQA Madrigal et al. v. City of Huntington Beach, ___Cal.App.4th___ G036991 (4th Dist. Jan. 1, 2007, pub. ordered Feb. 27, 2007) | |
April 2007: Fourth District Upholds Trial Court Order Denying Petition for Writ of Mandate to Compel City of Newport Beach to Grant a Variance Ciraulo v. City of Newport Beach, ___Cal.App.4th ___ G034963 (4th Dist. Jan. 17, 2007) | |
March 2007: Fourth District Finds Contracts for Sale of Property Void, where Contracts Were Entered Into Prior to Recording of Parcel Maps Black Hills Investments, Inc. v. Albertson’s, Inc. 146 Cal.App.4th 883 (4th Dist. 2007) | |
February 2007: Fourth District Court Decides that Disputed Factual Issue Remains for Insurance Coverage under “Sudden And Accidental” Exception to Pollution Exclusion Clause State of California v. Underwriters at Lloyd’s of London, et al., ___Cal.App.4th ___ E037627 (4th Dist. Dec. 28, 2006) | |
January 2007: California Court of Appeal Determines that Best Management Practices May Be Used Instead of Numerical Limits for Storm Water Discharges Divers’ Environmental Conservation Organization v. State Water Resources Control Board, ___Cal. App.4th___ DO46112 (4th Dist. Nov. 28, 2006) | |
January 2007: Fourth District Court Holds Dedication of 42-Foot Cross on War Memorial Site by City of San Diego to the U.S. Does Not Violate California Constitution Paulson v. Abdelnour, ___Cal.App.4th___ D047702 (4 Dist. Nov. 30, 2006) | |
November 2006: Fourth District Upholds Environmental Impact Report Permitting Mission Creek Well Project to Continue Sierra Club v. Mission Springs Water District, ___ Cal. App.4th___ E039194 (4th Dist. Sept. 21, 2006) | |
November 2006: Appellate Court Affirms Superior Court Ruling Enjoining Los Angeles from Exporting Owens Valley Water Sierra Club v. City of Los Angeles, Unpub. Op., E039140, 4th Dist., Sept. 27, 2006 | |
November 2006: Fourth District Overturns Inverse Condemnation Award Finding Landowner Failed to Demonstrate a Direct and Special Injury from Local Land Use Planning Activities Border Business Park, Inc. v. City of San Diego, ___Cal. App.4th___ E035881 (4th Dist. Sept. 19, 2006) | |
October 2006: Finding Trial Court Misinterpreted Scope of Easement, Fourth District Reverses Inverse Condemnation and Direct Taking Awards Against Fallbrook Public Utility District Red Mountain, LLC v. Fallbrook Public Utility District, ___Cal.App.4th___ D044546 (4th Dist. Aug. 18, 2006) | |
August 2006: Fourth District Finds Reduction in City Building Fees Reasonable and Supported by Substantial Evidence Jenkins v. City of Corona, ___Cal.App.4th___ E036270 (4th Dist. May 10, 2006) | |
May 2006: Court of Appeal Rules that Imperial County Did Not ‘Take’ a Landowner’s Overlying Water Rights when Conditioning a Use Permit to Limit Pumping Allegretti v. County of Imperial D045156, unpub. op. (Cal. App. 4th Dist. Mar. 28, 2006 ) | |
May 2006: California Court of Appeal Blasts Overly Broad ‘Bounty Hunter’ Lawsuit under Proposition 65 Consumer Defense Group v. Rental Housing Industry Members, ___Cal.App.4th___ G035101, G035154 (Cal.App. Mar. 24, 2006) | |
April 2006: Fourth District Rules in Favor of RWQCB in Challenge to NPDES Permit for Municipal Storm Water City of Rancho Cucamonga v. Regional Water Quality Control Board, ____ Cal.App.4th. ____ D043877, (4th Dist. Jan. 26, 2006) | |
March 2006: Fourth District Finds Trial Court Erroneously Prevented Jury from Considering Claim of Severance Damages in Action for Eminent Domain Metropolitan Water District of Southern California v. Campus Crusade for Christ 135 Cal.App.4th 568 (4th Dist. 2006) | |
March 2006: Court of Appeal Reviews Decision on Zero Trash TMDL for the Los Angeles River City of Arcadia v. State Water Resources Control Board, ___Cal.App.4th___ D043877 (4th Dist. Jan. 26, 2006) | |
March 2006: Court of Appeal Upholds Validity of Inland Empire Clean Water Act MS4 Permit City of Rancho Cucamonga v. Regional Water Quality Control Board, Santa Ana Region, ___Cal.App.4th___ E037079 (4th Dist. Jan. 26, 2006) | |
March 2006: Fourth District Rules CEQA Does Not Apply to County Decision to Place Local Sales Tax Measure Promulgated by Local Transportation Authority on Ballot San Bernardino Associated Governments v. Superior Court of San Bernardino County (Sierra Club), ___Cal.App.4th___ E037468 (4th Dist. Jan. 23, 2006) | |
February 2006: Fourth District Court Affirms Rule that Petitioners Bear Cost of Preparing Record in Writ of Mandate Proceeding Black Historical Society v. City of San Diego, et al 134 Cal.App.4th 1376 (4th Dist. 2005) | |
February 2006: Fourth District Court Upholds Early Property Valuation in Quick Take Eminent Domain Proceedings Despite Substantial Increase in Property Value Cathedral City Redevelopment Agency v. Stickles, ___Cal.App.4th___ E036456, (4th Dist. Dec. 19, 2005) | |
February 2006: Fourth District Court Finds that Letters Written by Homeowners’ Association Attorney Fall under Anti- SLAPP Statute Protection Ruiz v. Harbor View Community Association, ___Cal.App.4th___ G034912 (4th Dist. Dec. 19, 2005) | |
January 2006: Brown Act’s Pending Litigation Exception Does Not Authorize Non-Party Agency to Meet in Closed Session with Legal Counsel Shapiro v. Board of Directors of the Centre City Development Corporation, et al., ___Cal.App.4th.___ D045506 (4th Dist. Nov. 22, 2005) | |
January 2006: Fourth District Holds Project Specific EIR Not Required where Master EIR Provides Adequate Environmental Review of Project’s Impacts Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency, et al., ___Cal.App.4th___ D045274 (4th Dist. Nov. 30, 2005) | |
January 2006: Fourth District Finds Statements Made During Unlawful Detainer Negotiations in Inducement of Settlement Fall within the Protection of California’s Anti-SLAPP Statute Navarro v. IHOP Properties, Inc., ___Cal.App. 4th___ G034987 (4th Dist. Dec. 7, 2005) | |
November 2005: Fourth District Holds Subdivision Lands Act’s Regulation of Architectural Control Committees Inapplicable to Standard Subdivision, but Not a Bar to Suit Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc 132 Cal.App.4th 666 (4th Dist. 2005) | |
November 2005: Fourth District Holds Real Parties to Election Dispute Conferred a Significant Voter Benefit—May Recover Attorney’s Fees Wal-Mart Real Estate Business Trust v. City Council of the City of San Marcos 132 Cal.App.4th, 614 (4th Dist. 2005) | |
October 2005: Fourth District Finds EIR Fatally Flawed and Project Inconsistent with Orange County’s General Plan Endangered Habitats League, Inc. v. County of Orange, ___Cal.App.4th___ G034416 (4th Dist. June 29, 2005) | |
October 2005: First and Fourth Districts Reach Different Results on Private Attorney General Fee Awards where Petitioners Achieve Limited CEQA Claims Success Bowman v. City of Berkeley 131 Cal.App.4th 173 (1st Dist. 2005) | |
August 2005: Fourth District Court Finds Homeowner Must Remove Encroachments Erroneously Approved by Homeowners Association Woodridge Escondido Property Owners Association v. Nielsen, ___Cal.App.4th___ D044294 (4th Dist. May 25, 2005; pub. ordered June 16, 2005) | |
July 2005: Fourth District Court Determines Installation of Manufactured Homes Are “Improvements Pertaining to Realty” under Eminent Domain Law Escondido Union School District v. Casa Suenos De Oro, Inc., ___Cal.App.4th___ DO43104 (4th Dist. May 26, 2005) | |
June 2005: Fourth District Court Finds Developer Had Not Obtained Vested Right to Develop Property Absent Compliance with Specific Plan Requirements Hafen v. Orange County, ___Cal.App.4th___ 03CC01894 (4th Dist. March 4, 2005) | |
May 2005: Fourth District Court Finds Prepayment of City Affordable Housing Loan Does Not Extinguish Equity Share or Require Reconveyance of Deed of Trust Dieckmeyer v. Redevelopment Agency of the City of Huntington Beach 127 Cal.App.4th 248 (4th Dist. 2005) | |
May 2005: Fourth District Court Determines New Blight Findings Warranted when City Substantially Changes Existing Redevelopment Plan Boelts v. City of Lake Forest 127 Cal.App.4th 116 (4th Dist. 2005) | |
May 2005: Fourth District Court Finds Local Ordinance Permitting Pass-Through Property Tax Charges to Residents Preempted by State Law Cacho v. Boudreau, ___Cal.App.4th___ D043396 (4th Dist. March 17, 2005) | |
May 2005: Fourth District Court of Appeal Finds Action for Partial Condemnation for Loss of Use of Land May Co-Exist with Claim for Severance Damages San Diego Metropolitan Transit Development Board v. RV Communities, ___Cal.App.4th___ D042545 (4th Dist. March 29, 2005) | |
March 2005: Fourth District Court Protects Landlord from Municipal Ordinance, which Violated Landlord’s Procedural Due Process Rights Cook v. City of Buena Park, ___Cal.App.4th___ G031326 (4th Dist. Jan. 28, 2005) | |
March 2005: Fourth District Court Grants New Trial in Eminent Domain Matter after Finding Jury’s Damage Award Was “Against the Law” City of San Diego v. D.R. Horton San Diego Holding Company, Inc., ___Cal.App.4th___ D043425 (4th Dist., Feb. 7, 2005) | |
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005) | |
March 2005: Fourth District Court Rules Service of Petition Was Untimely for Conditional Use Permit Challenge and without Exception under Government Code Royal Carpet Mills, Inc. v. City of Irvine 125 Cal.App.4th 1110 (4th Dist. 2005) | |
January 2005: Fourth District Upholds San Diego RWQCB Permit Aimed at Reducing Runoff from Municipal Storm Sewers Building Industry Association of San Diego County v. State Water Resources Control Board, ___Cal.App.4th___ D042385 (4th Dist. Dec. 7, 2004) | |
January 2005: Fourth District Holds that Courts Cannot Review SWRCB’s Decision to Decline Review of Regional Board Orders Johnson v. State Water Resources Control Board, ___Cal.App.4th___ D043278, (4th Dist. Oct. 7, 2004) | |
January 2005: Court-Issued Writ Commanding Agency to Account for “All” Sources of Pollution Is Limited to Sources Identified in EIR Riverwatch v. County of San Diego D042430 (4th Dist. Oct. 25, 2004) |
January 2005: Fourth District Court Finds County Landfill Monitoring Wells Are Not an “Improvement” Giving Rise to Cause of Action for Negligent Development of Land Gaggero v. County of San Diego, ___Cal.App.4th___ D043012 (4th Dist. Dec. 1, 2004) | |
December 2004: Fourth District Court Upholds EIR For Conversion of Mobile Home Park to Public Recreational Facilities El Morro Community Association v. California Department of Parks and Recreation 122 Cal.App.4th 1341 (4th Dist. 2004) | |
November 2004: Fourth District Court Rejects the City of Orange’s Attempt to “Take Advantage of Its Own Wrong” in Condemnation Proceeding Hurwitz v. City of Orange, ___Cal.App.4th___ G032479 (4th Dist. Sept. 24, 2004) | |
October 2004: City’s Adoption of a Qualified Voter-Sponsored Initiative Found to Be a Ministerial Act Not Subject to CEQA Native American Sacred Site and Environmental Protection Association v. City of San Juan Capistrano 120 Cal.App.4th 961 (4th Dist. 2004) | |
October 2004: Water Agency’s Rates and Charges Are Not Subject to Proposition 218 Voter Approval or Initiative Process Bighorn-Desert View Water Agency v. Beringson 120 Cal.App.4th 890 (4th Dist. 2004) | |
October 2004: Fourth District Finds that an EIR Does Not Need to Identify the End User of a Commercial Project. Maintain Our Desert Environment v. Town of Apple Valley, ___Cal.App.4th___ E033904 (4th Dist. June 10, 2004) | |
October 2004: Suit to Invalidate County Ordinance Setting Water Transportation Rate Charges Dismissed—Is Not a Capacity Charge Defined by Government Code Section 66013 Rincon Del Diablo Municipal Water District v. San Diego County Water Authority, ___Cal.App.4th___ DO42529 (4th Dist. Aug. 17, 2004) | |
August 2004: Fourth District Upholds Irvine’s Certification of Program EIR for General Plan Amendment andZone Change Villa De Las Palmas Homeowners Association v. Terifa 33 Cal.4th 73 (Cal. 2004) | |
August 2004: Fourth District Upholds Irvine’s Certification of Program EIR for General Plan Amendment and Zone Change Defend the Bay v. City of Irvine, ___Cal.App.4th___ G032062 (4th Dist. June 29, 2004) | |
July 2004: Fourth District Court Upholds City’s Decision to Close Public Road on Grounds Road Was No Longer Necessary for Vehicular Traffic. Citizens for Improved Sorbent Access, Inc. v. City of San Diego,___Cal.App. 4th___ D043024 (4th Dist. May 14, 2004). | |
July 2004: City Not Entitled to Impose Additional Conditions on Prepayment of Loan Made under City’s Affordable Housing Program. Dieckmeyer v. Redevelopment Agency of the City of Huntington Beach, ___Cal.App.4th___ G031869 (4th Dist. May 21, 2004). | |
June 2004: Property Owner Cannot Seek the Value of Improvements in Inverse Condemnation Proceeding Where it Failed to Seek Court Approval in Preceding Eminent Domain Action San Jacinto Community College District v. Superior Court of the County of Riverside 117 Cal.App.4th 98 (4th Dist. 2004). | |
May 2004: Neighbor’s Challenge to County Excusing Developer from Completing Road Improvements Was Barred under the Subdivision Map Act’s Statute of Limitations Anthony v. Snyder 116 Cal.App.4th 643 (4th Dist. 2004). | |
May 2004: A Mobilehome Park Owner Has Neither a Constitutional Right Nor a Right under City Ordinance to a Rent Increase Tied to Each Capital Improvement Morgan v. City of Chino 115 Cal.App.4th 1192 (4th Dist. 2004). | |
May 2004: Court of Appeal: Court of Appeal Denies Compensation for Water Rights Transferred in Exchange for Water Service Acosta v. Big Bear Community Serv. Dist. ___Cal.App.4th___, Case No. E033363 (4th Dist. March 10, 2004). | |
April 2004: Statute of Limitations Period for Development Fee Challenges Will Not Apply Where City Failed to Follow Statutory Requirements Barratt American, Inc. v. City of Encinitas ___Cal.App.4th___, Case No. D041162 (4th Dist. Feb. 10, 2004). | |
March 2004: California Court of Appeal Finds Portions of Garden Grove’s CyberCafe Ordinance Violate Free Speech First Amendment Rights Vo v. City of Garden Grove ___Cal.App.4th___, Case No. G032058 (4th Dist. Jan. 29, 2004). | |
January 2004: Fourth District Court of Appeal’s Ruling Clarifies Scope of Administrative Record in Lawsuits Filed under the California Environmental Quality Act County of Orange v. Superior Court of Orange County 113 Cal.App.4th 1, (4th Dist. published Nov. 6, 2003). | |
October 2003: California Energy Commission’s Decision to Approve a Power Plant Did Not Become Ripe for Judicial Challenge Until 30 Days after the Decision Was Filed with Its Docket Unit Figueroa v. California Energy Com 110 Cal.App.4th 1115 (4th Dist. 2003.) | |
August/September 2003: Challenge to Building and Permit Fees Must Be Brought through a Validation Action Pursuant to Government Code Sections 66014 and 66106 Barratt American, Incorp. v. City of Rancho Cucamonga ___Cal.App.4th___, Case No. E032578 (4th Dist. May 28, 2003). | |
August/September 2003: Diminution in Value of Improvements and Fixtures Not Compensable as Severance Damages in Roadway Condemnation Action City of Carlsbad v. Rudvalis 109 Cal.App.4th 667 (2003). | |
July 2003: California Coastal Commission's Administrative Appellate Jurisdiction Expires if No "Substantial Issue" Hearing Is Held within the 49-Day Statutory Time Limit Encinitas Country Day School Inc. v. California Coastal Com., 108 Cal.App.4th 575 (4th Dist. 2003) | |
May 2003: Court of Appeal Upholds Voter's Adoption of Orange County Charter People ex rel. Kerr v. County of Orange 106 Cal.App.4th 914 (4th Dist. 2003). | |
May 2003: In Subdivision Map Act Case, 90-Day Deadline to Serve Summons Is Inflexible Statute of Limitations Sprague v. County of San Diego 106 Cal.App.4th 119 (4th Dist. 2003). | |
April 2003: Fourth Circuit Affirms Principle that Condemned Property Is to Be Valued as if Project for Which Property Is Condemned Does Not Exist City of San Diego v. Rancho Penasquitos Partnership 105 Cal.App.4th 1013 (4th Dist. 2003). | |
March 2003: San Diego's "Coastal Height Limit Overlay Zone" Does Not Apply to Federal Property Transferred for City Use Save Our NTC Inc. v. City of San Diego ___ Cal.App.4th ____, Case No. D039615 (4th Dist. Jan. 14, 2003). | |
March 2003: Fourth District Holds County Assessor Must Undertake Property Reappraisals for Two Years Following a Proposition 8 Property Tax Reduction El Dorado Palm Springs Ltd. v. Riverside County Bd. of Supervisors 104 Cal.App.4th 1262 (2002) | |
February 2003: Fourth District Finds the California Department of Transportation's Acquisition of Park Property Did Not Require Legislative Approval Rolfe v. California Department of Transportation ___Cal.App.4th___, Case No. D038865 (4th Dist. Dec. 11, 2002). | |
January 2003: Coastal City Properly Relied on Emergency Exemption to CEQA in the Construction of a Seawall CalBeach Advocates v. City of Solana Beach ___Cal.App.4th___, Case No. D038885 (4th Dist. Oct. 9, 2002). | |
January 2003: Court of Appeal Rejects Award of Attorney Fees to CEQA Plaintiff When Underlying Cause of Action Did Not Result in Enforcement of an Important Public Right Vedanta Society of Southern California v. California Quartet, Inc. ___Cal.App.4th___, Case Nos. G027714, G027834 (4th Dist. Nov. 26, 2002) | |
January 2003: Delay Associated with Erroneous Denial of Lot Line Adjustment Did Not Constitute a Taking Loewenstein v. City of Lafayette ___Cal.App.4th___, Case No. A093590 (1st Dist. Nov. 13, 2002). | |
November 2002: Agency Decision Not to Conduct Further Environmental Review of Redevelopment Plan Component Does Not Require Public Notice under CEQA Cumming v. City of San Bernardino Redevelopment Agency ___Cal.App.4th____ Case No. EO30566 (4th Dist. Aug. 9, 2002). | |
October 2002: Agriculture Activity Protection Statute Bars Suit Against Farmer who Engages in Activities Constituting a Nuisance — Even if the Suit is Pleaded in Trespass Rancho Viejo, LLC v. Tres Amigos Viejos, LLC 100 Cal.App.4th 550 (4th Dist.July 25,2002). | |
August 2002: City of Upland's Transfer of Property Violated the Community Redevelopment Law Graber v. City of Upland, ___Cal.App.4th___, Case No. E029769 (4th Dist. June 18, 2002). | |
June 2002: Water Utility May Not Condemn Property for NonWater Related Services Patel v. Southern California Water Company ___Cal.App.4th___, Case No. G023360 (4th Dist. April 16, 2002).) | |
June 2002: The Public Cannot Gain a Prescriptive Easement over Private Property Based on Prior Recreational Use Luis Michael Bustillos v. Michael Kevin Murphy 96 Cal.App.4th 1277 (4th Dist. Mar. 20, 2002). | |
May 2002: Court of Appeal Legislative Bodies Must Provide Detail of Items Noticed for Closed Session Discussions, and Confine Discussions to Those Items Noticed, to Be in Compliance under Brown Act Shapiro v. San Diego City Council 96 Cal.App.4th 904 (4th Dist. March 5, 2002.). | |
March 2002: Court of Appeal: Vague and Overly-broad Initiative Restricting Planning Abilities of County Deemed Invalid by Court of Appeal Citizens for Jobs and the Economy v. County of Orange 94 Cal.App.4th 1311 (4th Dist. 2002) | |
March 2002: Fourth District Finds Redevelopment Agency's Acquisition of Private Property through Eminent Domain Proper Redevelopment Agency of the City of Chula Vista v. Rados Brothers ___Cal.App.4th___, Case No. D037231(4th Dist. Dec. 15, 2001). | |
July 2001: Prevailing Non-Profit Real Party in Interest in CEQA Case Has Too Great a Personal Stake in Litigation Outcome to Qualify for CCP § 1021.5 Attorneys' Fee Award Jobe v. City of Orange, 88 Cal.App.4th 412 (4th Dist. 2001) | |
June 2001: Fourth Circuit Rules in City's Favor on Two Issues of First Impression under California Condemnation Law Israni v. Superior Court, ___Cal.App.4th___, Case No. D036319 (4th Dist. April 23, 2001) |
|
|
5th District Court of Appeal |
|
August 2010: Fifth District Upholds Adoption of Several Development Impact Fees—Finds Fees Survive Scrutiny under Mitigation Fee Act and Quimby Act Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore, ___Cal.App.4th___ F057671 (5th Dist. June 9, 2010) | |
May 2010: Fifth District Finds Claim that Memorandum of Understanding Approval Violated CEQA to Be Moot City of Patterson v. Stanislaus County F057357, Unpub. Op. (5th Dist. Mar. 3, 2010) | |
May 2010: Fifth District Finds Addition of ‘Supercenter’ to Project Does Not Necessarily Require an Urban Decay Analysis in a Subsequent or Supplemental EIR Melom v. City of Madera, ___Cal.App.4th___ F055024 (5th Dist. March 24, 2010) | |
January 2010: Fifth District Opines that Public Agencies Must Obtain C-57 Water Well Contractor’s Licenses California Groundwater Assn. v. Semitropic Water Storage District, ___Cal.App.4th___ F056823 (5th Dist. Nov. 9, 2009) | |
April 2009: Fifth District Rules Affordable Housing In-Lieu Fees Must Be ‘Reasonably Related’ to the Impacts Generated by New Development Project Building Industry Association of Central California v. City of Patterson, ___ Cal.App.4th___ F054785 (5th Dist. Mar. 2, 2009) | |
January 2009: Fifth District Court Concludes that Air Pollution Control District Failed to Adequately Assess Impacts of Dairy Emissions Rule on Public Health Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control District, ___Cal. App.4th___ F053956 (5th Dist. Nov. 19, 2008) | |
December 2008: Fifth District Court Concludes that County Approval of Hard Rock Quarry Was Improper Due to Errors in the EIR and Failure to Satisfy SB 610 Gray v. County of Madera, ___Cal.App.4th__ F053661 (5th Dist. Oct. 24, 2008) | |
December 2008: Fifth District Court Reaffirms Attorney’s Fee Recovery for Violation of Brown Act and Public Records Act Galbiso v. Orosi Public Utility District, ___Cal.App.4th___ F053236 (5th Dist. Oct. 23, 2008) | |
July 2008: News from the West | |
June 2008: Fifth District Court Holds that Post-1913 Water Right Can Be Perfected between Private Parties—Issue Still Unresolved by California High Court Brewer v. Murphy, ___Cal.App.4th___ F051700 (5th Dist. April 3, 2008) | |
June 2008: News from the West | |
April 2008: Fifth District Finds Appropriative Water Right Should Be Apportioned, upon Partial Sale of Property, According to Percentage of Land Acquired Nicoll v. Rudnick 160 Cal.App.4th 550 (5th Dist.2008) | |
April 2008: aaa aaa aaa | |
March 2008: Fifth District Court Invalidates Ordinance Granting Development Agreement Zoning Exception as Violating Government Code Uniformity Requirements Neighbors In Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., ___Cal.App.4th___ F051690 (5th Dist. Dec. 7, 2007) | |
February 2008: Fifth District Overrules Trial Court Decision Issuing Writ, Finding No Fair Argument of Significant Impacts of Housing Development Porterville Citizens for Responsible Hillside Development v. City of Porterville, ___Cal.App.4th___ F051953 (5th Dist. Nov. 9, 2007) | |
December 2007: Fifth District Court Finds Agency Engaged in Unlawful Segmentation of its Environmental Review of a Proposed Home Improvement Center Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora et al. 155 Cal.App.4th 1214 (5th Dist. 2007) | |
July 2007: Local Governments’ Regulatory Authority Boosted by California Supreme Court Decision Affirming Right to Regulate to Protect Economic Development | |
July 2007: Fifth District Issues Modification to Woodward Park Case; Judgment Left Unaltered Woodward Park Homeowners Association, Inc. et al., v. City of Fresno et al. 149 Cal.App.4th 892 (5th Dist. 2007) | |
June 2007: Fifth District Rules against City under CEQA for Inadequate EIR and Statement of Overriding Considerations Woodward Park Homeowners Association, Inc., et al. v. City of Fresno, et al. 149 Cal.App.4th 892 (5th Dist. 2007) | |
June 2007: Fifth District Rejects EIR for Inadequate Project Description, Baseline Assumptions, and Improperly Deferred Mitigation San Joaquin Raptor Rescue Center, et al. v. County of Merced, et al. 149 Cal.App.4th 645 (5th Dist. 2007) | |
June 2007: Fifth District Finds Late Filed Request for CEQA Hearing Does Not Cure Failure to Meet Deadline—Even if Filed Prior to Motion to Dismiss Fiorentino v. City of Fresno ___Cal.App.4th___ (5th Dist. May 4, 2007) | |
April 2007: In a Modified Decision after Rehearing, Fifth District Court Restricts Forfeiture of Water North Kern Water Dist. v. Kern Delta Water Dist. 147 Cal.App.4th 555 (5th Dist. 2007) | |
April 2007: Fifth District Concludes Property Transfer Is Not a CEQA Project in the Absence of Known, Imminent Development Plans Friends of the Sierra Railroad v. Tuolumne Park and Recreation District, ___Cal.App.4th ___ F050117 (5th Dist. Jan. 12, 2007) | |
February 2007: Fifth District Court Holds Water User May Forfeit Multiple Pre-1914 Rights by Bypassing the Same Physical Quantity of Water North Kern Water Dist. v. Kern Delta Water Dist., ___Cal.App.4th___ F047706 (5th Dist. Jan. 2, 2007) | |
February 2007: Fifth Circuit Court Finds Community Redevelopment Law’s ‘Irregular Form and Shape’ Provision Applies to the Lot Itself and Not to Any Access Issues Neilson v. City of California City, ___Cal.App.4th___ F049143 (5th Dist. Jan 9, 2007) | |
January 2007: Fifth Appellate District Reverses Denial of Motion to Tax $33,000 Cost Award for Preparation of CEQA Record Wagner Farms, Inc. v. Modesto Irrigation District, ___Cal. App. 4th____ F049966 (5th Dist. Dec. 6, 2006) | |
August 2006: Fifth District Court of Appeal Holds that Irrigation District May Charge Town for Costs of Treating Water Delivered under Ancient Contractual Obligation Turlock Irrigation District v. Zanker, ___Cal.App.4th ___ F047094 (5th Dist. June 26, 2006) | |
June 2006: Fifth District Upholds City of Turlock’s Anti-‘Big Box’ Retail Ordinance, Rejecting CEQA and Police Power Claims Wal-Mart Stores Inc. v. City of Turlock, et al. 138 Cal. App.4th 273 (5th Dist. 2005) | |
June 2006: Fifth District Faults California Department of Forestry for Failing to Ensure that Biological Assessment Areas Evaluated for Timber Harvest Plans Are Tailored to Individual Species Ebbetts Pass Forest Watch v. California Department of Forestry 138 Cal.App.4th 779 (5th Dist. 2006) | |
March 2006: Court of Appeal Finds that a Water District Can Collect Unpaid Water Assessments from a Property Owner Souza v. Westlands Water District, ___Cal.App.4th___ F045293 (5th Dist. Jan. 17, 2006) | |
August 2005: Fifth District Court Orders Merced County to Pay Petitioner’s Attorney’s Fees in CEQA Case Protect Our Water et al. v. County of Merced, ___Cal. App.4th___ F044896, unpub. opinion (5th Dist. May 25, 2005) | |
July 2005: Court of Appeal Confirms Attorneys Fee Award for Initiating Action that Lead to Positive Impact on Public Interest Protect Our Water v. County of Merced, ___Cal. App.4th___ F044896, unpub. op. (5th Dist. May 25, 2005) | |
July 2005: Fifth District Court Finds Installation of Fiber Optic Cable Permitted in Public Right-of-Way Easement Anderson v. Time Warner Telecom of California, Inc., ___Cal.App.4th ___ (5th Dist. May 13, 2005) | |
June 2005: Third District Court of Appeal Holds that Environmental Impact Reports Not Necessary for Two Water Assignments to the City of Tracy Sierra Club v. West Side Irrigation Dist. ___Cal.App.4th___ C044989, C045015 (5th Dist. March 22, 2005) | |
June 2005: Fifth District Court Requires Kern County to Prepare an EIR Prior to Adoption of Municipal Ordinance Regulating Use of Sewage Sludge County Sanitation District No. 2 of Los Angeles County v. California Association of Sanitation Agencies 127 Cal.App.4th 1544 (5th Dist. 2005) | |
May 2005: Fifth District Court Prohibits Fresno from Imposing In Lieu Fee to Recover General Costs Incurred by Utility Departments Howard Jarvis Taxpayers Association v. City of Fresno, ___Cal.App.4th___ F044561 (5th Dist. Mar. 23, 2005) | |
April 2005: Fifth District Court Finds a Jury May Consider Historical Use of Building in Determining Its Fair Market Value Sierra View Local Health Care District v. Sierra View Medical Plaza Associates, LP, ___Cal.App.4th___ F043467 (5th Dist. Jan. 6, 2005, modified Feb. 3, 2005) | |
February 2005: Fifth District Court Finds EIRs Prepared for Two Projects Containing Wal-Mart as Anchor Tenant Inadequate under CEQA. Bakersfield Citizens for Local Control v. City of Bakersfield, ___Cal.App.4th___, Consol. Case No’s. F044943 and F045035 (5th Dist. Dec. 13, 2004). | |
November 2004: California Court of Appeal Holds that Urban Water Management Plan Is Invalid for Failing to Adequately Address Perchlorate Contamination Friends of the Santa Clara River v. Castaic Lake Water Agency F043273, unpubl. op. (5th App.Dist. Sept. 22, 2004) | |
May 2004: Court of Appeal Requires Agency to Consider the “Whole of an Action” When Determining whether a “Project” Exists under CEQA Association for a Cleaner Environment v. Yosemite Community College District 116 Cal.App.4th 629 (5th Dist. 2004). | |
August/September 2003: Fifth District Sets Aside EIR Because of County’s Failure to Include Sufficient Findings to Support Certification in Administrative Record Protect Our Water v. County of Merced, unpublished opinion Case No. F041200 (5th Dist. July 9, 2003). | |
June 2003: Abuse of Discretion Standard Upheld as Appropriate for EIR Review under CEQA Association of Irritated Residents, et al. v. County of Madera, et al. 107 Cal.App.4th 1383 (5th Cir. 2003). | |
May 2003: Statute of Limitations for Claims Involving Subdivisions Did Not Apply to Breach of Contract Claims Involving a Development Agreement The Legacy Group v. City of Wasco ___Cal.App.4th___, Case No. F038382 (5th Dist. March 13, 2003). | |
March 2003: Regulatory Agency's Determination that Project Is Exempt from CEQA Need Only Be Supported by Substantial Evidence and Includes Implied Finding of No Significant Adverse Impact Magan v. County of Kings, ___Cal.App.4th___ Case No. F039802 (5th Dist. Dec. 12, 2002). | |
March 2002: California Appellate Court Finds that Federal Pesticide Statute Does Not Preempt State Common Law Claims for Breach of Warranty and Negligence Sun Valley Packing v. Consep, Inc. ___Cal.App.4th___,114 Cal.Rptr.2d 237 (5th Dist.Dec.10,2001) |
|
|
6th District Court of Appeal |
|
August 2010: Sixth District Finds Property Owner Strictly Liable for Chemical Spill and Negligent for Failing to Immediately Report Discharge TWC Storage, LLC v. California State Water Resources Control Board 185 Cal.App.4th 291 (6th Dist. 2010), modified June 29, 2010 | |
August 2010: Sixth District Upholds Nominal Compensation for Railroad Property Condemnation Action City of San Jose v. Union Pacific Railroad Company 185 Cal.App.4th 624 (6th Dist. 2010) | |
August 2010: Sixth District Reverses Validation Action Challenging Redevelopment Plan County of Los Angeles v. Glendora Redevelopment Project, et al., ___Cal.App.4th___ H032945 (6th Dist. June 15, 2010) | |
June 2010: Sixth District Holds Adjudicated ‘Physical Solutions’ Limit a Local Agency’s Authority to Require Environmental Review of Water Usage California American Water v. City of Seaside, 183 Cal. App.4th 471 (6th Dist. 2010) | |
November 2009: Sixth District Upholds CEQA Alternatives Analysis Based on a Finding of Infeasibility Due to Policy Considerations California Native Plant Society v. City of Santa Cruz, ___Cal.App.4th___ H032502 (6th Dist. Sept. 18, 2009) | |
April 2009: Sixth District Court Validates Affordable Housing Deed Restriction Alfaro v. Community Housing Improvement System & Planning Association, Inc., ___Cal.App.4th___ H031127 (6th Dist. Feb. 19, 2009) | |
April 2009: Sixth Circuit Rules Neither Federal Homeland Security Provisions Nor State Public Records Law Precluded Disclosure of Geographic Information Basemap County of Santa Clara v. Superior Court of Santa Clara County, ___Cal.App.4th___ H031658 (6th Dist. Feb. 5, 2009) | |
March 2009: Sixth District Affirms Finding of No Taking where County’s Denial of Permit Did Not Deprive Owners of All Economically Beneficial Use of Property Shaw v. County of Santa Cruz, ___Cal.App.4th___ H031108 (6th Dist. Jan. 20, 2009) | |
March 2009: Sixth District Finds Coastal Commission Failed to Make Findings that Denying a Development Permit Would Result in a ‘Taking’ in Violation of the Coastal Act McAllister v. California Coastal Commission, ___Cal.App.4th___ H031283 (6th Dist. Dec. 30, 2008) | |
February 2009: Sixth District Rejects City’s Argument that Statute of Limitations for Challenge to Extension of Land Use Restriction Runs from Original Enactment Arcadia Development Co. v. City of Morgan Hill, ___ Cal.App.4th___ H032201 (6th Dist. Dec. 16, 2008) | |
January 2009: Sixth District Court Upholds Attorney’s Fee Award in Action Brought Pursuant to California Public Records Act Bernardi, et al. v. County of Monterey, ___Cal. App.4th___ M73763 (6th Dist. Sep. 30, 2008) | |
July 2008: Sixth District Court Upholds $5.3 Million Mitigation Fee by California Coastal Commission as Condition of Coastal Development Permit Ocean Harbor House Homeowners Ass’n v. California Coastal Commission, ___Cal.App.4th ___ H031129 (6th Dist. May 23, 2008) | |
June 2008: Sixth District Court Permits CEQA Action Regarding Implementation of General Use Permit Condition beyond 30-Day Limitations Period Committee For Green Foothills v. Santa Clara County Board of Supervisors 161 Cal.App.4th 1204, 75 Cal.Rptr.3d 112 (6th Dist. 2008) | |
April 2008: aaa aaa aaa | |
March 2008: News from the West | |
February 2008: Sixth District Court Upholds State Water Resources Control Board’s Issuance of NPDES Permit for Cooling Water Intake Structure Voices of the Wetlands v. California State Water Resources Control Board, 157 Cal.App.4th 1268 (6th Dist. 2007) | |
December 2007: Sixth District Court Holds California Safe Drinking Water Act Imposes Mandatory Duties on Health Of- ficials to Review and Respond to Water Quality Monitoring Reports Guzman v. County of Monterey 155 Cal.App.4th 645 (6th Dist. 2007) | |
July 2007: Sixth District Holds that Groundwater Augmentation Charges Are Subject to Proposition 218 Pajaro Valley Water Management Agency v. Amrhein 150 Cal.App.4th 1364 (6th Dist. 2007) | |
June 2007: Sixth District Finds Attorney’s Fees Unavailable to City in Action for Abatement of Public Nuisance and Violations of Municipal Code City of Monte Sereno v. Padgett, ___Cal.App.4th___ HO29631 (6th Dist. April 23, 2007) | |
May 2007: Sixth District Upholds General Plan’s Housing Element Despite Findings by Department of Housing that Plan Did Not Comply with Housing Element Law Fonseca v. City of Gilroy, ___Cal.App.4th___ H028369 (6th Dist. Mar. 23, 2007) | |
March 2007: Sixth District Court Upholds Denial of CEQA Petition Challenging Mitigated Negative Declaration for Monterey County Development Project Landwatch Monterey County v. County of Monterey, ___Cal.App.4th___ H028659, Unpub. Op. (6th Dist. Jan. 23, 2007) | |
March 2007: Sixth District Finds Monterey County’s CEQA Determination ‘Intermediate Environmental Decision’ Not Subject to Judicial Review McAllister v. County of Monterey, ____Cal.App.4th ___ H028813 (6th Dist. Jan. 31, 2007) | |
October 2006: Sixth District Finds City’s Failure to Fully Evaluate Reduced Size Alternative Violated CEQA Preservation Action Council v. City of San Jose 141 Cal. App.4th 1336 (6th Dist. 2006) | |
August 2006: Sixth District Court of Appeal Holds that Approval of a Proposed Water Credit Transfer Violated CEQA Save Our Carmel River v. Monterey Peninsula Water Management District, ___Cal.App.4th____ H029242 (6th Dist. June 23, 2006) | |
August 2006: Sixth District Holds School Closure Decision Properly Exempt from CEQA San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District 139 Cal.App.4th 1356 (6th Dist. 2006) | |
August 2006: Sixth District Upholds EIR for Proposed Wal-Mart Despite Failure to Provide Full 45-Day Comment Period Gilroy Citizens for Responsible Planning, et al. v. City of Gilroy, et al., ___Cal. App.4th___ H028539 (6th Dist. June 22, 2006) | |
June 2006: Sixth District Holds City of Palo Alto Liable under Inverse Condemnation When Its Sewer Pipe Caused Sewage Backup in Residence California State Automobile Association Inter-Insurance Bureau v. City of Palo Alto, ___Cal.App.4th___ H027980 (6th Dist. April 10, 2006) | |
June 2006: City of Santa Cruz under No Obligation to Provide a Private Open Space Credit against Quimby Act Park and Recreation Fees Assessed against Developer Branciforte Heights, LLC v. City of Santa Cruz, ___ Cal.App.4th ____ H028864 (6th Dist. April 19, 2006) | |
January 2006: Sixth District Determines that City Measure to Prevent Fluoridation of Drinking Water Supply Is Preempted by State Law Requiring Fluoridation City of Watsonville v. California Department of Health Services 113 Cal.App.4th 875 (2005) | |
December 2005: Sixth District Finds Homeowners Have No Legal Remedy under the Solar Shade Control Act against County Trees Shading Solar Panels Zipperer v. County of Santa Clara, ___Cal.App.4th___ H028455 (6th Dist. Oct. 28, 2005) | |
November 2005: California Supreme Court Addresses Landfill Liability for Water Quality Impacts: If No Damage Award, then No Indemnity County of San Diego v. Ace Property & Casualty Insurance Co., ___Cal.4th___ S114778 (Cal. Aug. 29, 2005) | |
October 2005: Sixth District Rules More CEQA Study Needed of Impacts of Off-Leash Dogs on State Beach Lighthouse Field Beach Rescue v. City of Santa Cruz 131 Cal.App.4th 1170 (6th Dist. 2005) | |
October 2005: Sixth District Upholds Santa Clara County’s Post-Proposition 218 Open-Space Assessment District Silicon Valley Taxpayers Assn., Inc. v. Santa Clara County Open Space Authority 130 Cal.App.4th 1295 (6th Dist. 2005) | |
July 2005: Sixth District Court Upholds City of San Jose’s Redevelopment Plan Justified by Findings of Blight Evans v. City of San Jose, et al. 128 Cal.App.4th 1123, (6th Dist. 2005) | |
June 2005: Sixth District Court Holds State Law Preempts County Ordinance Requiring Local Approval for Installation of Multi-Story Mobilehomes County of Santa Cruz v. Waterhouse 127 Cal.App.4th 1483 (6th Dist. 2005) | |
December 2004: Sixth District Court Finds Substantial Evidence to Support Finding that Monterey County’s “Old Jail” Has Historic Value Requiring an EIR Before Demolition May Occur Architectural Heritage Association, et al. v. County of Monterey 122 Cal.App.4th 1095 (6th Dist. 2004) | |
April 2004: Sixth District Court Upholds City’s Exercise of Eminent Domain to Create Easements for City Road Improvements City of Saratoga v. Hinz ___Cal.App.4th ___ Case No. H023549 (6th Dist. Feb. 20, 2004). | |
April 2004: County Ordinances Affecting Timber Harvesting Preempted by the Timberland Productivity Act and the Forest Practice Act Big Creek Lumber Company v. County of Santa Cruz 115 Cal.App.4th 952 (6th Dist. 2004). | |
February 2004: Expansion of Water Recycling Program Did Not Require a Supplemental EIR under CEQA Santa Teresa Citizen Action Group v. City of San Jose ___Cal.App.4th___, Case No. H024841 (6th Dist. Dec. 18, 2003). | |
February 2004: Processing of a Parcel Map 30 Years Earlier, to Subdivide and Sell Property to Adjoining Landowners, Did Not Create a Merger of Adjoining Landowners’ Parcels Van’t Rood v. County of Santa Clara ___Cal.App.4th___, Case No. Docket No.H023716 (6th Cir. Nov. 20, 2003). | |
January 2004: California Department of Transportation’s Transfer of Land, which Only Partially Lies within the Coastal Zone, to the Department of Parks and Recreation Does Not Offend the California Constitution Citizens For Hatton Canyon v. California Dept. of Transportation 112 Cal.App.4th 838 (6th Dist. 2003). | |
October 2003: Contractual Right to Negotiate a Disposition and Development Agreement Does Not Give Rise to a Property Interest that Is Subject to the Power of Eminent Domain San Jose Parking Inc. v. Superior Court ___Cal.App. 4th___, Case No. H024871 (6th Dist. July 29, 2003). | |
August/September 2003: Sixth District Finds California State University Not Required to Mitigate Offsite Impacts under the California Environmental Quality Act City of Marina v. Board of Trustees of the California State University ___Cal.App.4th___, Case No. H023158 ( 6th Dist. June 17, 2003) | |
August 2002: State and County Governments Held Liable in Inverse Condemnation for Negligent Maintenance of the Pajaro River Levee and Negligent Construction of Highway 1 Arreola v. Monterey County, ___Cal.App.4th___, Case No. H02133 (6th Dist. June 25, 2002). 2002). | |
August 2002: Sixth Appellate District Issues New Flood Case Decision That May Change Standards of Liability | |
August 2002: City's Storm Drainage Fee Is a Property-related Fee under Prop 218. Howard Jarvis Taxpayers Assn., et. al. v. City of Salinas, et. al., 98 Cal.App.4th 1351 (6th Dist.). | |
August 2002: Storm Drainage Fee Imposed on "Each and Every Parcel of Developed Land" Is a Property-related Fee Requiring Voter Approval under Prop 218 Howard Jarvis Taxpayers Association v. City of Salinas, 98 Cal.App.4th 1351 (6th Dist. 2002). | |
June 2002: Property Owners May Present Evidence, at Eminent Domain Proceeding, of Increases in the Fair Market Value of Property Where to Not Do So Might Limit Just Compensation Saratoga Fire Protection District v. W.C. Hackett et al. ___Cal.App.4th___, Case No. H022553 (6th Dist. April. 16, 2002). | |
May 2001: Court of Appeal Holds Project EIR Inadequate for Failure to Adequately Analyze Property's Historic Water Use "Baseline" as of Date Environmental Review Commenced Save Our Peninsula Committee, Et Al. V. Monterey County Board Of Supervisors ___Cal.App.4th ___,104 Cal.Rptr.2d 326 (6th Dist. Feb. 15, 2001) | |
April 2001: Court of Appeal Holds Project EIR Inadequate for Failure to Adequately Analyze Property's Historic Water Use "Baseline" as of Date Environmental Review Commenced Save Our Peninsula Committee, Et Al. V. Monterey County Board Of Supervisors ___ Cal.App.4th ___, 104 Cal.Rptr.2d 326 (6th Dist. Feb. 15, 2001). |
|
|
Alameda County Superior Court |
|
May 2010: Superior Court finds State Must Perform Environmental Review for Completed 2009 Drought Water Bank Butte Environmental Council v. California Department of Water Resources RG09446708 (Alameda Super. Ct. March 2010) | |
April 2010: Alameda County Superior Court Decision Could Have Wide-Ranging Impact on Local Governments’ Obligations to Provide Fair-Share of Housing Units Urban Habitat Program v. City of Pleasanton RG06-293831, March 12, 2010 (Alameda Super. Ct.) | |
June 2009: Environmental Groups Sue State Challenging CEQA Compliance for Drought Water Bank | |
August 2007: CVP/SWP Litigation Update: Project Operations amidst State and Federal Court Litigation Natural Resources Defense Council v. Kempthorne et al. 05-CV-01207 (E.D. Cal) | |
June 2007: Superior Court’s Order Barring Pumping from Banks Plant in Delta Stayed Pending Appeal Watershed Enforcers v. Department of Water Resources RG06292124, slip op. Apr. 17, 2007 (Alameda County Superior Court) | |
May 2007: Superior Court Judge Orders Shutdown of Delta Water Pumps Watershed Enforcers v. Department of Water Resources RG06292124, Alameda County Superior Court, order issued March 22, 2007 | |
May 2007: Groups File CEQA Challenges to U.C. Campus Expansion Plans—Win Preliminary Injunction Panoramic Hill Association v. Regents of the University of California; City of Berkeley v. University of California, Berkeley; California Oak Foundation et al., v. Regents of the University of California RG06-301644, RG06-302934, RG06-302967 (Alameda County Superior Court) | |
January 2007: DWR Need Not Immediately Shut Down Delta Water Pumps over Fishery Concerns Watershed Enforcers v. California Dept. of Water Resources, et al. RG06292124, hearing Nov. 17, 2006, Alameda County Superior Court | |
December 2006: Fishing Alliance Sues California Department of Water Resources over Delta Pumping Water Enforcers v. Cal. Dept. of Water Resources RG06292124, filed October 4, 2006 (Alameda Superior Court) |
|
|
Amador County Superior Court |
|
|
|
Attorney General Opinions |
|
|
|
Butte County Superior Court |
|
|
|
California Court of Appeal |
|
April 2010: News from the West | |
July 2009: News from the West | |
January 2009: News from the West | |
June 2001: California Court Throws Out Several "Proposition 65" Lawsuits Using Federal Precedent on the Adequacy of 60-Day Notices Consumer Cause, Inc. v. Arco Oil & Gas Company, et al. ___Cal.App.4th___, Case Nos.B132719,B1322723,B134924 (2nd Dist. April 25, 2001) | |
March 2001: Second District Protects the Right of the Voters To Nullify Public Land-Use Contracts that Would Harm the Public Health and Safety Hermosa Beach Stop Oil Coalition,et al.,v.City of Hermosa Beach et al. ___Cal.App.4th___,No.B138557 (2nd Dist. Jan. 24, 2001) | |
March 2001: Constitutionality of City's View Protection Ordinance Upheld in Contentious Action between Neighbors Echevarrieta v.City of Rancho Palos Verdes ___Cal.App.4th___,B138366 (2nd Dist. Jan. 3, 2001) |
|
|
California Supreme Court |
|
July 2010: U.S. Supreme Court Quells Injunction against Display of Latin Cross Where Transfer of Land to Private Party Changed Circumstances Underlying Injunction’s Purpose Salazar v. Buono, ___U.S.___, 130 S. Ct. 1803 08-472 (April 28, 2010) | |
May 2010: Supreme Court Holds CEQA Challenge Time-Barred where Agency Filed Notice of Exemption, Whether or Not Exemption Properly Applied Stockton Citizens for Sensible Planning v. City of Stockton, ___Cal.4th___ S161190 (April 1, 2010) | |
April 2010: Legal Uncertainly: Local Regulation of Medical Marijuana Collectives | |
April 2010: Supreme Court Finds Agency Erred in Using Maximum Permitted Operational Levels as Baseline in Determination that Project Would Have a Significant Environmental Impact Communities for a Better Environment v. South Coast Air Quality Management District, et al., ___Cal.4th___ S161190 (March 15, 2010) | |
March 2010: Supreme Court Rules 30-Day Statute of Limitations Applies where Agency Has Posted an NOD, Regardless of Nature of CEQA Violation Alleged Committee for Green Foothills v. Santa Clara County Board of Supervisors, ___ Cal.4th___ S.163680(Feb. 11, 2010) | |
February 2010: California Supreme Court Holds County’s Decision to Deny Application to Renew Conditional Use Permit for a Privately Owned Airport Was Not a ‘Project’ under CEQA Sunset Sky Ranch Pilots Association v. County of Sacramento, ___Cal.4th___ S165861 (Dec. 28, 2009) | |
February 2010: Dual Representation and Due Process: Maintaining the Line Between Advocate and Advisor in Land Use Proceedings | |
October 2009: News from the West | |
August 2009: Superior Court Sets Aside Final EIR for Refinery Expansion Project as Inadequate as to Project Description and GHG Mitigation Measures Communities for a Better Environment v. City of Richmond N08-1429 (Contra Costa Super. Ct. June 4, 2009) | |
August 2009: Supreme Court Concludes County Is Immune from Suit for Alleged Failure to Ensure Residents Are Notified about Water Contamination Guzman v. County of Monterey, ___Cal.4th___ S157793 (Cal. June 22, 2009) | |
July 2009: California Supreme Court Determines that Mere Acquisition of Lands By Park District Does Not Constitute an ‘Actual Dedication’ Gerard Ste. Marie v. Riverside County Regional Park and Open Space District, ___Cal.4th___ S-159319 (Cal. May 14, 2009) | |
July 2009: California Supreme Court Finds Circumstances of Federal Land Grant Failed to Support Claim of an Easement by Necessity Murphy v. Burch, ___Cal.4th___ 205 P.3d 289 (Cal. 2009) | |
June 2009: News from the West | |
May 2009: Supreme Court Holds Water Licensee’s Due Process Rights Intact Where Prosecutor also Served as Advisor to Licensing Board Morongo Band of Mission Indians v. State Water Resources Control Board 45 Cal.4th 741 (2009) | |
May 2009: Supreme Court Holds Recreational Use Immunity Statute Shielded PG&E from Personal Injury Claims Sustained on Utility Easement Prince v. Pacific Gas & Electric Co.,___Cal.4th___ S149344 (Mar. 19, 2009) | |
April 2009: Examining the Importance of the California Supreme Court’s Decision in Save Tara v. City of West Hollywood | |
January 2009: California Supreme Court Finds Agreement Conditioned on Developer’s Future Compliance with CEQA May Be Deemed a ‘Project Approval’ Requiring CEQA Review Save Tara v. City of West Hollywood 45 Cal.4th 16 (Cal. 2008) | |
November 2008: News from the West | |
October 2008: California Supreme Court Provides Significant New Guidance Regarding Adequacy of Local Benefit Assessments Silicon Valley Taxpayers Association v. Santa Clara County Open Space Authority 44 Cal.4th 431 (2008) | |
October 2008: California Supreme Court Finds Incidental Take Permit with an Overly Broad ‘No Surprise’ Clause An Abuse of Discretion Environmental Protection and Information Center, et al. v. California Department of Forestry and Fire Protection et al., ___Cal.4th___ S1470547 (Cal. July 17, 2008) | |
August 2008: California Supreme Court Upholds CalFed Environmental Impact Report in Bay-Delta Coordinated Proceedings Case | |
August 2008: News from the West | |
July 2008: California Supreme Court Allows Flexibility in Environmental Review of Timber Harvest Plans Ebbetts Pass Forest Watch v. California Department of Forestry and Fire Protection, ___Cal.4th___ S143689 (Cal. May 22, 2008) | |
July 2008: California Supreme Court Bay-Delta EIR Decision Upholds Limiting Project Alternatives Based on Project Objectives, Upholds General Water Supply Analysis, and Upholds Overall Programmatic Level of Impact Review | |
April 2008: aaa aaa aaa | |
April 2008: aaa aaa aaa | |
January 2008: California High Court Holds Government Claim Filing Requirements Apply to Developer’s Breach of Contract Claim against City City of Stockton, et al. v. California Superior Court, ___Cal.4th___ S139237 (Cal. Dec. 3, 2007) | |
December 2007: A Clash of Equities: Proposition 218 Squares Off against Tiered Water Pricing | |
October 2007: California Supreme Court Examines Roles of Judge and Jury in Water Pipeline Condemnation Case Metropolitan Water District of Southern California v. Campus Crusade for Christ, Inc. et al, 41 Cal.4th 954 (2007) | |
August 2007: Supreme Court Holds Adoption of Airport Land Use Plan Freezing Land Use Restrictions Qualifies for ‘Common Sense’ Exemption from CEQA Muzzy Ranch Co., v. Solano County Airport Land Use Commission, ___ Cal.4th___ S131484 (Cal. June 21, 2007) | |
June 2007: California Water Rights Fees: Petitions for Review Granted by the California Supreme Court California Farm Bureau Federation, et al. v. State Water Resources Control Board, et al. S150518 filed April 11, 2007, California Supreme Court | |
April 2007: California Supreme Court Holds ‘Quick Take’ Valuation Date and Waiver Provisions Constitutional Mt. San Jacinto Community College District v. Superior Court, ___Cal.4th___ S132251 (Cal. Feb. 22, 2007) | |
April 2007: California Supreme Court Imposes Significant New Requirements for Analysis of Water Supplies for Land Use Plans under CEQA Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova 40 Cal.4th 412, petitions for rehearing pending (2007) | |
March 2007: California Supreme Court Rejects Rancho Cordova EIR’s Water Supply Analysis Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova, ___Cal.4th___ S132972 (Feb. 1, 2007) | |
March 2007: The Water Supply-Land Use Waltz Plays On: The California Supreme Court’s Decision in Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova | |
March 2007: Got Water?—California Supreme Court Clarifies CEQA Requirements for Analysis of Water Supplies | |
March 2007: News from the West | |
February 2007: California Supreme Court Finds U.S. Constitution Authorizes Fair Political Practices Commission To Sue Indian Tribe For Alleged Violations of Political Reform Act Agua Caliente Band of Cahuilla Indians v. Superior Court, ___Cal. 4th___ S123832 (Cal. Dec. 21, 2006) | |
February 2007: California Supreme Court Upholds Second District’s Reversal of Trial Court Order Requiring Newly Incorporated City to Approve Developer’s Final Map Application City of Goleta v. Superior Court of Santa Barbara County, ___Cal.4th___ S129125 (Cal. Dec. 21 2006) | |
February 2007: California Supreme Court Finds City Mobile Home Rent Control Ordinance Not Preempted by State Mobilehome Residency Law Cacho v.. Boudreau, ___Cal.4th___ S133378 (Cal. Jan 11, 2007) | |
November 2006: The Changing Landscape of Proposition 218: Bighorn-Desert View Water Agency v. Verjil (Kelley) | |
November 2006: When Worlds Collide—Who Mitigates the Off-Site Impacts of State Projects | |
October 2006: California Supreme Court Extends the Reach of Proposition 218 Bighorn-Desert View Water Agency v. Verjil 39 Cal.4th 205 (2006) | |
October 2006: California Supreme Court Finds Impairment of Visibility of Billboard Not a Compensable Taking Absent Further Claim of Damage Regency Outdoor Advertising v. City of Los Angeles 39 Cal.4th 507 (2006) | |
June 2006: California Supreme Court Rules Agency Failed to Comply with Administrative Procedure Act in Establishing Hazardous Materials Fee Regulation Morning Star Company v. California State Board of Equalization S123481 (Cal. April 24, 2006) | |
March 2006: California Supreme Court Accepts Review of In re Bay-Delta Programmatic EIR Cases In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 133 Cal.App.4th 154 (2005), cert. granted, Cal. Supr. Ct., Jan. 25, 2006 | |
February 2006: Building Permit and Plan Review Fees Are Not Fees Imposed on a ‘Development Project’ under the Mitigation Fee Act—But May Still Be Challenged as ‘Excessive’ Barratt American, Inc. v. City of Rancho Cucamonga, ___Cal.4th___ S117590 (Cal. 2005) | |
November 2005: California Supreme Court Addresses Landfill Liability for Water Quality Impacts: If No Damage Award, then No Indemnity County of San Diego v. Ace Property & Casualty Insurance Co., ___Cal.4th___ S114778 (Cal. Aug. 29, 2005) | |
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005) | |
October 2005: California Supreme Court Rules Director of Department of Conservation Has Standing to File Petition for Writ of Mandate under SMARA People ex rel. California Dept. of Conservation v. El Dorado County (Brunius) 36 Cal.4th 971 (Cal. 2005) | |
August 2005: California Supreme Court Rules Coastal Commission Is Constitutional Marine Forests Society v. California Coastal Commission, ___Cal.4th___ S113466 (Cal. June 23, 2005) | |
August 2005: California Supreme Court Upholds Obligation of Landlords to Provide 90-Days Notice for Section 8 Tenancy Terminations Wasatch Property Management v. Degrate 35 Cal.4th 1111 (Cal. 2005) | |
July 2005: California Supreme Court Backs Coasal Commission Grant of Housing Development Permit Sierra Club v. California Coastal Commission, ___Cal.4th___ S116081 (May 20, 2005) | |
May 2005: California Supreme Court Declines to Hear Delta Wetlands Case Central Delta Water Agency v. State Water Resources Control Board 124 Cal.App.4th 245 (3rd Dist. 2004), petition for review denied, March 16, 2005 | |
May 2005: California Supreme Court Rules that Regional Boards May Not Consider Economic Factors to Justify Imposing Pollutant Restrictions that Are Less Stringent than Federal Standards City of Burbank v. State Water Resources Control Board, ___Cal.4th___ BS060957 (April 4, 2005) | |
April 2005: Oral Arguments Heard by California Supreme Court in Central Valley Project Water Users’ Case against the United States Orff, et al. v. United States, et al. 03-1566, oral argument Feb. 23, 2005 (U.S. S. Ct) | |
October 2004: California Supreme Court Rules on Statutory Deadlines for Filing Actions Challenging Local Zoning and Planning Decisions Based on Preemption Travis v. County of Santa Cruz, ___Cal.4th___ S109597 (Cal. July 29, 2004) | |
August 2004: California Supreme Court Grants Review of Case Upholding Water Board Authority to Regulate Effects of Timber Harvesting Pacific Lumber Co. v. California State Water Resources Control Board, 116 Cal.App.4th 1232 (2004),Rev. Granted, Cal Supreme Ct. S124464 (June 16, 2004) | |
August 2004: California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations Big Creek Lumber v. County of Santa Cruz 115 Cal.App.4th 952 (6th Dist. 2004) | |
May 2004: Supreme Court: California Supreme Court Clarifies the Meaning of “Assessment” under the Right to Vote on Taxes Act in Connection with Municipal Water Connection Fee Richmond v. Shasta Community Services District 32 Cal.4th 409 (Cal 2004). | |
April 2004: California Supreme Court Clarifies the Meaning of “Assessment” under the Right to Vote on Taxes Act in Connection with Municipal Water Connection Fee Richmond v. Shasta Community Services District 32 Cal.4th 409 (Cal. 2004). | |
April 2004: California Supreme Court Decertifies Friends of the Kangaroo Rat v. Department of Corrections Friends of the Kangaroo Rat v. Department of Corrections ___Cal.4th___, 4 Cal.Rptr.3d 558 (Cal. 2004). | |
April 2004: Will New Flood Case Mean a Flood of Damages Paid to a Flood of Plaintiffs? Supreme Court Denies Review of Paterno Decision | |
February 2004: California Supreme Court Finds Prosecutors May Pursue a Civil Enforcement Action Against A Public Utility While An Investigation by the Public Utilities Commission Is Ongoing People ex rel. Orloff v. Pacific Bell 31 Cal.4th 1132 (2003). | |
June 2002: California Supreme Court Declines to Visit Castaic Lake Decision which Struck Down EIR for Water Transfer Friends fo the Santa Clara River v. Castaic Lake Water | |
June 2002: California Supreme Court: California Supreme Court Holds State Law Does Not Compel Counties to Allow County Property to Be Used for Gun Shows at Which Guns Are Sold Great Western Gun Shows, Inc. v. County of Los Angeles 27 Cal.4th 853 (2002). | |
May 2001: California Supreme Court Holds that a Public Agency Generated Initiative is Not Exempt from the Requirements of CEQA Friends of Sierra Madre v. City of Sierra Madre, ___Cal.4th___, Case No. S085088 (March 29, 2001). | |
April 2001: California Supreme Court Holds that Unreasonable Costs and Fees Incurred During Rent-Control Proceedings Can Justify a § 1983 Claim Galland V. City Of Clovis, 24 Cal.4th 1003 (Feb. 5, 2001) | |
April 2001: Insurers Issuing Comprehensive Liability Policy Covering "Tangible" Property Loss Owe No Duty to Defend in Implied Easement Dispute Kazi V. State Farm Fire & Casualty Co. Et Al., 24 Cal.4th 871 (Jan. 18, 2001). | |
March 2001: Statutes Granting Religious Organizations an Exemption from Historic Landmark Designation and Regulation Have a Secular Purpose East Asian Local Development Corporation v.State of California, 24 Cal.4th 693 (Dec. 21, 2000) | |
March 2001: Los Angeles Inspection Fee Imposed upon Landlords Relates to the Activity of Renting Residential Property — so It Does Not Run Afoul of Proposition 218 Apartment Association of Los Angeles County Inc. v. City of Los Angeles, 24 Cal.4th 830 (Jan. 8, 2001) |
|
|
Contra Costa County Superior Court |
|
|
|
Court of Appeal |
|
May 2009: News from the West | |
May 2006: Absence of Evidence that Testing Procedure Was Generally Accepted Science Precludes Environmental Expert from Opining on Mycotoxins Geffcken v. D’Andrea, ___Cal.App.4th___ 1044044, 1046222 (Cal.App. Mar. 28, 2006) | |
December 2004: California Court of Appeal Upholds Asbestos Emissions Standards Coalition for Reasonable Regulation of Naturally Occurring Substances v. California Air Resources Board, ___Cal.App.4th___ C041897 (Cal. App. Oct. 1, 2004) | |
May 2001: Billboard Advertiser Cannot State a Cause of Action under the Permit Streamlining Act until the Lead Agency Has Taken Specific Action under CEQA Eller Media Company v. City of Los Angeles, ___ Cal.App.4th ___, Case No. B142004 (2nd Dist. Mar. 21, 2001). | |
May 2001: Local Agency Need Not Find Street is No Longer Necessary for Vehicle Traffic when Closing or Modifying a Street Entirely within Its Jurisdiction Save The Sunset Strip v. City of West Hollywood, ___Cal.App.4th___, (2nd Dist. March 20, 2001). | |
May 2001: Retaliatory Eviction Cannot Be Asserted as an Affirmative Defense to Eviction Proceedings Brought Pursuant to the Ellis Act Drouet v. Superior Court, 86 Cal.App.4th 1237 (1st Dist. Feb. 7, 2001) |
|
|
Department of Industrial Relations Administrative Decision |
|
|
|
Fresno County Superior Court |
|
April 2008: aaa aaa aaa |
|
|
Glenn County Superior Court |
|
|
|
Imperial County Superior Court |
|
February 2009: Farmers Sue Irrigation District after District Approves a Water Shortage Plan that Prioritizes Municipal and Industrial Uses Abatti, et. al v. Imperial Irrigation District ECU04899, filed Dec. 18, 2008 (Imperial Cnty Super Ct) | |
June 2006: Lining the All-American Canal Faces Additional Legal Challenges Consejo de Desarrollo Economico de Mexicali, A.C. v. United States of America CV-S-05-0870-KJD-PAL, filed July 19, 2005 (D. Nev.) | |
December 2003: Will Morgan v. Imperial Irrigation District Unravel the Quantification Settlement Agreement? Morgan v. Imperial Irrigation District; Michael W. Morgan et al. v. Imperial Irrigation District Case No. L-01510, filed July 18, 2003 (Imperial County Superior Court); Case No. ECU 01646, filed Nov. 3, 2003 (Imperial County Superior Court) |
|
|
Inyo County Superior Court |
|
|
|
Kern County Superior Court |
|
|
|
Los Angeles County Superior Court |
|
August 2010: San Diego County Water Authority Files Lawsuit against Metropolitan Water District Alleging Illegal Water Rates | |
July 2010: Superior Court Upholds City of Palmdale’s Decision to Provide Recycled Water Service within Palmdale Water District’s Service Area Palmdale Water District v. City of Palmdale BC 420492, (L.A. Super Ct) | |
November 2009: FEMA Sued in Federal District Court for Issuance of Flood Insurance Constituting a Violation of the Endangered Species Act WildEarth Guardians v. Federal Emergency Management Administration 01-0079-MCA/RLP (D. N.M. 2009) | |
June 2009: Having Transferred Water Service Fee Income to Its General Fund, Los Angeles Faces Imminent Prospect of Issuing $30 Million Refund City of Los Angeles v. All Persons Interested, Los Angeles Cnty Super Ct, tentative statement of decision BC369238, (2009) | |
May 2009: Superior Court Finds City Abused Its Discretion in Denying a Mobilehome Park Conversion Application as Incomplete Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles BS 112956 (Los Angeles Cnty Super Ct 2009) | |
March 2009: Judicial Stay Lifted Allowing State Water Resources Control Board Perchlorate Hearings to Rekindle Goodrich Corporation, et al. v. California State Water Resources Control Board, et al. BS 115673 (Los Angeles Cnty Super Ct) | |
January 2009: In the Wake of Fish and Game Commission’s Adoption of Longfin Smelt Emergency Regulations, Water Contractors File December Lawsuits State Water Contractors v. Fish and Game Commission, et al. BS 118166 | |
June 2008: Metropolitan’s New Water Supply Allocation Plan Gets Challenged Immediately | |
May 2008: Due Process Violations Allegation Bring State Water Resources Control Board Proceeding to a Standstill Goodrich Corporation v. California State Water Resources Control Board, et al. BS 110390 (Consolidated with Case Nos. BS 110390 and BS 110391, Los Angeles Superior Court | |
January 2008: Superior Court Denies Challenge to EIR for Water Acquisition from Kern County Water Banking and Recovery Program California Water Impact Network, et al. v. Castaic Lake Water Agency, et al. BS106546, Los Angeles County Super. Ct., Nov. 19, 2007 | |
October 2007: Los Angeles Superior Court Upholds Santa Clarita Urban Water Management Plan California Water Impact Network et al. v. Castaic Lake Water Agency, et al. BS 103295 (Los Angeles County. Sup. Ct.) | |
May 2007: Superior Court Rules Castaic Lake Water Agency Was Proper Lead Agency for Water Transfer EIR— Water Transfer Agreement Is Final and Cannot Be Set Aside Planning and Conservation League, et al. v. Castaic Lake Water Agency, et al. BS098724 (Los Angeles Co. Super. Ct. April 2, 2007) | |
March 2007: Boeing Files Lawsuit to Challenge Limitations on Discharges from Its Santa Susana Field Laboratory | |
February 2007: Environmental Group Allege ‘Paper Water’ In Challenging Water Supply Acquisition by Castaic Lake Water Agency | |
July 2005: Court Rules Commission Must Consider whether State Is Required to Pay for Stormwater NPDES Compliance Costs County of Los Angeles v. State of California BS089769 (Los Angeles Cty. Superior Ct. 2005) | |
March 2005: Sierra Club Files Lawsuit to Challenge Los Angeles County’s Approval of a Spring Water Exporting Project Sierra Club v. County of Los Angeles BS094042 (filed Dec. 17, 2004 L.A. County Superior Court) | |
July 2004: Developer SunCal Northlake Sues Newhall County Water District for Adopting New, Conservative Estimates of the Water Available for Suburban Growth. LB/L SunCal Northlake LLC v. Newhall County Water District BS089750, filed April 27, 2004 (L.A. Super. Ct). | |
June 2003: Planning and Litigation in Glendale: The Story and the Morals of Gregg v. City of Glendale | |
December 2002: Court Rules Castaic Lake Water Agency Can Continue Purchasing Kern County Water Friends of the Santa Clara River v. Castaic Lake Water Agency Case No. BS 056954 (Los Angeles Superior Court Sept. 24, 2002). | |
April 2001: California: Cities Sue Los Angeles Regional Water Quality Control Board Over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b) (Los Angeles County Superior Court). | |
April 2001: Cities Sue Los Angeles Regional Water Quality Control Board over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b)(Los Angeles County Superior Court). | |
April 2001: Insurers Issuing Comprehensive Liability Policy Covering "Tangible" Property Loss Owe No Duty to Defend in Implied Easement Dispute Kazi V. State Farm Fire & Casualty Co. Et Al., 24 Cal.4th 871 (Jan. 18, 2001). |
|
|
Mendocino County Superior Court |
|
|
|
Merced County Superior Court |
|
|
|
Monterey County Superior Court |
|
|
|
Napa County Superior Court |
|
|
|
Opinions of the Attorney General |
|
January 2009: AG Opines on Legality of MOU Where a County Would Implement Land Use Standards in Exchange for City Support of Multiple Species Habitat Conservation Plan ___Ops.Cal.Atty.Gen.___ 07-506 (Nov. 13, 2008) | |
August 2008: California Attorney General Grants District Attorney Permission to File Suit Seeking Removal of Local Water Official from Incompatible Office 91 Ops. Cal. Att’y Gen. 25 (2008) | |
October 2007: Attorney General Opines that Grant of Conservation Easement Does Not Constitute a ‘Division’ of Land and Is Not Subject to Subdivision Map Act 07 Ops.Cal.Atty.Gen. 801 (August 21, 2007) | |
May 2007: California AG Opines that Rule against Incompatible Offices Does Not Prevent Member Agency General Managers/Department Heads from Serving on Board of Water Authority ___ Op. Cal. Att’y Gen. ___ 2007 Cal. AG LEXIS 5, at *1 (2007) | |
April 2007: California Attorney General Opines that Offices of Metropolitan Director and Water Replenishment District Director Are Incompatible ___Op. Cal. Att’y Gen.___ 2007 Cal. AG LEXIS 3 (Feb. 8, 2007) | |
February 2007: Attorney General Opines that City Council May Enter Into Agreements Authorized by Subdivision Map Act with Subdivider that Employs a City Council Member 06 Ops. Cal. Atty. Gen. 806 (December 5, 2006) | |
May 2006: Attorney General Opines that Interim Grading Documents Submitted by Property Owners to Local Agencies Are Public Records | |
February 2006: Attorney General Opines that Electronic Posting of Meeting Agendas Authorized by Brown Act 147 04 Ops.Cal.Atty.Gen. 1217 (December 20, 2005) | |
December 2005: California Attorney General Opines that Water Code Allows Agreements For Construction of Oversized Water Facilities 5 Ops.Cal.Atty.Gen 307 (Oct. 12, 2005) | |
December 2005: Attorney General Opines that Electronic Parcel Boundary Map Data May Be Copied and Inspected by Public under California Public Records Act Ops.Cal.Atty.Gen. 04-1105 (October 3, 2005) | |
July 2005: Attorney General Opines that Cities May Decrease the Number of Future Low Income Housing Units if Funds Are Insufficient Ops.Cal.Atty. Gen. 03-104 (May 18, 2005) | |
July 2005: Attorney General Opines that No Conflict of Interest Exists in Department of Forestry and Fire Protection’s Financial Grant to State Employee Ops.Cal.Atty.Gen. 04-701 (May 10, 2004) | |
May 2005: Director of Nonprofit Trust May Participate in City Council Decision to Lease City-Owned Parcel to Business Owner Solicited by Trust Ops.Cal.Atty.Gen 04-502 (March 28, 2005) | |
December 2004: Attorney General Opines: Local Government May Adopt a Zoning Ordinance or Issue a Conditional Use Permit Limiting Use of a Parcel to a Senior Mobilehome Park Ops.Cal.Atty.Gen 07-704 (Oct. 20, 2004) |
|
|
Orange County Superior Court |
|
|
|
Placer County Superior Court |
|
|
|
Riverside County Superior Court |
|
June 2008: California Superior Court Rules No Global Warming Analysis Required by California Environmental Quality Act—However, Water Supply Analysis Inadequate Highland Springs Conference and Training Center v. City of Banning 460967 (Riverside County Superior Court, 2008) | |
April 2008: Superior Court Rules No Global Warming Analysis Required by CEQA, but Finds EIR Inadequately Addressed Water Supply Highland Springs Conference and Training Center v. City of Banning 460967 (Riverside County Superior Court, Jan. 29, 2008) | |
July 2005: The Stringfellow Superfund Site: Millions More Are Put towards Groundwater and Soil Cleanup State of California v. Underwriters at Lloyd’s of London, et al. CIV 239784 (Riverside Cty. Superior Ct. May 16, 2005) | |
May 2005: Cherry Valley Residents Challenge Specific Plan EIR’s Water Supply Analysis Cherry Valley Pass Acres and Neighbors v. City of Beaumont RIC 427282, petition filed Mar. 17, 2005 (Riverside Co. Super. Ct) | |
February 2005: Water Districts in the Coachella Valley Settle Lawsuit over Groundwater | |
August/September 2003: Riverside County Superior Court Orders Rampdown to 70 Percent Production under Mojave River Adjudication. City of Barstow, et al. v. City of Adelanto, et al. Case No. 208568, Riverside Superior Court (June 2003). | |
December 2001: editSuperior Court Orders Elsinore Valley Water District to Release Water to Lake Elsinore for Recreational and Environmental Uses City of Lake Elsinore v. Elsinore Valley Municipal Water District Case No. 359671 (Riverside County Superior Court, Sept. 12, 2001). | |
October 2001: Lawsuit Filed by City of Lake Elsinor to Compel Water District to Release of Water Supplies for Recreational Use City of Lake Elsinore v. Elsinore Valley Municipal Water District Case No. 35967, first amended petition filed Aug. 20, 2001 (Riverside County Superior Court). |
|
|
Sacramento County Superior Court |
|
August 2010: Lawsuit Argues Public Trust Doctrine Compels State and Local Agencies Protect Depletion of Scott River from the Effects of Groundwater Extraction Environmental Law Foundation, et al. v. California State Water Resources Control Board, et al. 34-2010-80000583 (Sac. Super. Ct.) | |
August 2010: Delta Agencies and Environmental Organizations Sue State again on Monterey Amendments to State Water Project Contracts and Kern Water Bank Transfer Central Delta Water Agency et al. v. California Department of Water Resources 2010-80000561 (Sac. Super. Ct.) | |
June 2010: Delta Interests Sue State Water Resources Control Board over Jurisdiction over Riparian and Pre-1914 Rights | |
April 2010: Owens Valley Committee Sues Fish and Game over EIR for Statewide Hatchery Program; Alleges Unmitigated Groundwater Impacts | |
April 2010: Sacramento Superior Court Issues Writ to Set Aside Approval of Delta Shores Project for Failure to Adequately Analyze Health Risks Stone Lakes National Wildlife Refuge Association, et al. v. City of Sacramento, et al 34-2009-80000166-CU-WM-GDS, Feb. 11, 2010, (Sac. Super. Ct) | |
February 2010: Colorado River ‘Quantification Settlement Agreement’ Invalidated as Unconstitutional | |
January 2010: Superior Court Rejects Petitioners’ CEQA Challenges to Sacramento ‘Railyards Project’ Sacramento Citizens Concerned About the Railyards v. City of Sacramento 34-2008-00000504-CUWM-GDS (Sacramento Super. Ct., Nov. 6, 2009) | |
October 2009: Sacramento Superior Court Issues Tentative Decision in State Water Project Hyatt-Thermalito Litigation Alameda County Flood Control et al. v. State of California, et al 05AS01775, tentative decision, (Sacramento Cty Super. Ct. Aug 21, 2009) | |
May 2009: Sacramento Citizens’ Group Files Lawsuit Challenging Natomas Levee Project | |
May 2009: Sacramento Citizens’ Group Files Lawsuit Challenging Natomas Levee Project | |
April 2009: Sacramento Superior Court Upholds City’s Approval of Residential Development Project and Denies Petition Challenging Sufficiency of the EIR Clover Valley Foundation, et al. v. City of Rocklin, et al. 34-2007-00002871-CU-WM-GDS (Sac. County Super. Ct. 2009) | |
February 2009: Opening Briefs Filed in Challenges to CEQA Environmental Impact Report Prepared for ‘Railyards’ Specific Plan Downtown Plaza, LLC v. City of Sacramento 34-2008-00000721-CU-WM-GDS, filed Jan. 10, 2008 (Sacramento Super. Ct.) | |
January 2009: Environmental Groups’ Suit for Public Trust Violations in the Delta Is the Basis for the Latest Challenge to Federal and State Pumping California Water Impact Network, et al. v. California Department of Water Resources, et al. 2008-00027894, filed Dec. 1, 2008 (Sac Cnty Sup Ct) | |
October 2008: First District Court Upholds County Order to Remove Recreational Club’s Long-Standing Illegal Structures Golden Gate Water Ski Club v. County of Contra Costa 165 Cal.App.4th 249 (1st Dist. 2008) | |
October 2008: California Courts Continue to Focus on California Environmental Quality Act’s Requirements for Analysis of Project’s Contribution to Climate Change Environmental Council of Sacramento v. California Department of Transportation 07CS00967 (Sac. Co. Sup. Ct. July 15, 2008) | |
July 2008: Sacramento Superior Court Grants Peremptory Challenge Finding Parties Timely Filed Challenge under Code of Civil Procedure Section 170.6 Environmental Council of Sacramento v. Sacramento Local Agency Formation Commission 07CS01411 (Sacramento County Superior Ct. May 7, 2008) | |
June 2008: Parties Battle over Revenues from Power Plant as Sacramento Superior Court Denies Cross-Motions for Summary Judgment and Case Moves to Trial Alameda County Flood Control and Water Conservation District, Zone 7, et al. v. California Department of Water Resources, et al. 05ASO1775, ruling on motions, May 8, 2008 (Sacramento County Superior Court) | |
May 2008: Superior Court Holds Real Party and Respondent Agency Limited to One Peremptory Disqualification between Them—Denies Motions to Consolidate Challenges to ‘Railyard’ Development Sacramento Citizens Concerned About the Railyards v. City of Sacramento 34-2008-00000504-CU-WM-GDS | |
April 2008: Lawsuit Filed Alleging End-Run of Clean Water Act NPDES Requirements for Central Valley Concentrated Animal Feeding Operations San Francisco Baykeeper, et al. v. Regional Water Quality Control Bard, Central Valley Region 34-2008-00003603-CU-WM-GDS, Sacramento County Superior Court, filed Feb. 15,2008 | |
April 2008: Superior Court Dismisses Court Challenge of Quantification Settlement Agreement Quantification Settlement Agreement Coordinated Special Proceeding JC4353, Sacramento Superior Court | |
February 2008: Sacramento Superior Court Invalidates EIR for Expansion of Sacramento Area Wastewater Treatment Plant Contra Costa Water District v. Sacramento Regional County Sanitation District, 05CS00908 (Sac. Co. Super. Ct. Nov. 28, 2007) | |
December 2007: Coastkeeper Suit Claims Department of Fish and Game Lags in Recommending Protective Instream Flows California Coastkeeper Alliance v. McCamman 07CS01353, filed, Oct. 9, 2007, Sacramento County Superior Court | |
December 2007: The QSA Cases Finally Take the Stage in the Next Act of Southern California’s Fight over Colorado River Water Quantification Settlement Agreement Coordinated Special Proceeding JC 4353. Sacramento County Superior Court | |
December 2007: Center for Biological Diversity Files CEQA Lawsuit Challenging Oceano Dunes Race Permit Center for Biological Diversity v. California Department of Parks and Recreation filed Oct. 29, 2007, Sacramento County Superior Court | |
August 2007: Environmental Groups Sue Central Valley Regional Board Water Quality Control Board over Waivers for Agricultural Discharges California Sportfishing Protection Alliance v. California Regional Water Quality Control Board—Central Valley, filed June 15, 2007, Sacramento Superior Court | |
June 2007: Superior Court Allows River Islands Development to Continue without Consideration of the Flood Effects of Global Climate Change NRDC, et al. v. Reclamation Board et al. 06CS01228 (Sacramento County Superior Court) | |
March 2007: Sacramento Superior Court Overturns Fish and Game Commission’s Denial to List California Tiger Salamander under California ESA Center for Biological Diversity v. California Fish and Game Commission, 05-CS-00233, Sacramento County Sup. Ct (Dec. 14, 2006) | |
February 2007: Lawsuit Filed over Contra Costa Water District’s Plan to Divert Water from a New Delta Intake Location San Luis & Delta Mendota Water Authority v. Contra Costa Water District 06CS01778 (Sacramento Super. Ct., filed Dec. 15, 2006) | |
February 2007: Imperial County Farm Bureau Calls for Class Action Regarding the Quantification Settlement Agreement | |
December 2006: Environmental Groups Sue California Department of Fish and Game for Violating CEQA and Its Own Policies when Stocking Fish Pacific Rivers Council v. California Department of Fish and Game 06CS01451, filed Oct. 5, 2006 (Sacramento Superior Court) |
October 2006: Environmental Groups Sue to Ensure Decision-Makers Account for Global Warming When Considering Future Development | |
March 2006: State Water Resources Control Board Administrative Procedures Fail to Safeguard Constitutional Due Process Requirements Morongo Band of Mission Indians v. State Water Resources Control Board 04cs00535 (Sacramento Co. Super. Ct. Jan. 18, 2006, writ issued Feb. 1, 2006) | |
October 2005: Environmental Groups File Suit in Federal and State Courts in California to Block Poisoning Paiute Cutthroat Trout in Sierra Nevada Streams Californians for Alternatives to Toxics, et al. v. State Water Resources Control Board, et al. 05CS01160 (Sac. Co. Super. Ct.); Californians For Alternatives to Toxics, et al. v. Jack Troyer, et al | |
October 2005: CALFED and the California Farm Bureau Settle Lawsuit over Environmental Review of the Environmental Water Account California Farm Bureau Federation v. Michael Chrisman, et al. 04CS00490 (Sac. Co. Super. Ct.) | |
July 2005: Nine Lawsuits Plague Colorado River Quantification Settlement Agreement | |
July 2005: Sacramento County Superior Court Upholds Narrative-Based General Stormwater Permit Associated With Construction Activity San Francisco Baykeeper, et al. v. California State Water Resources Control Board 99CS01929 (Sacramento Cty. Superior Ct. May 18, 2005) | |
June 2005: Superior Court Upholds Central Valley Regional Board’s Conditional Waiver of Waste Discharge for Agriculture DeltaKeeper v. California Regional Water Quality Control Board for the Central Valley, 04CS00235 | |
June 2005: Superior courts Upholds California’s New Annual Water Right Fees as Valid Regulatory Fees Northern California Water Association et al. v. State Water Resources Control Board, et al 03CS01776 (Sac. Co. Super. Ct. April 26, 2005) | |
June 2005: State Water Project Contractors File Suit against the Department of Water Resources Alleging Improper Billing Practices Alameda County Flood Control & Water Conservation District, Zone 7 v. California Department of Water Resources 05AS61775, filed April 25, 2005 (Sac. Co. Super. Ct.) | |
May 2004: Parties Appeal State Water Resouces Control Board’s Standard Permit Term 91 Decision El Dorado Irrigation District v. State Water Resources Control Board Case No. 01CS01319 (Sac. Super. Ct Dec. 23, 2003). | |
October 2003: Superior Court Concludes that the State Water Resources Control Board Improperly Disregarded “Legislatively Established Priorities” to Water Rights El Dorado Irrigation District v. State Water Resources Control Board Case Nos. 01 CS01319, 01CS01321 and 01CS01327 (Sac. Superior Ct. July 31, 2003). | |
July 2003: Court Approves Settlement in Litigation over Monterey Amendments Planning and Conservation League v. Department of Water Resources 83 Cal. App. 4th 892 (2000). | |
May 2003: Court Finds CalFed Programmatic Environmental Impact Report and Record of Decision Are Adequate for CEQA Purposes Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings Case No. JC 4152 (Superior Court, County of Sacramento March 28, 2003). | |
May 2003: State of California Settles Lawsuit with American States Water Company Regarding Contamination Emanating from Property Owned by Aerojet American States Water Company, et al. v. State of California, et al. Case No. 99AS05947 (Sacramento Superior Court). | |
March 2003: Environmental Groups Challenge Central Valley Regional Water Quality Control Board's Decision to Issue a Waiver for Agricultural Return Flows Deltakeeper, et al. v. California Regional Water Quality Control Board - Central Valley Region Case No. 03CS00032 (Sacramento Superior Court). | |
February 2003: Oral Argument on California Environmental Quality Act Challenge to CalFed EIR Concludes Sacramento Superior Court Consolidated Case No. 4152 | |
October 2002: Continuing Litigation and Administrative Processes Regarding Central Valley RWQCB’S Waiver of Waste Discharge Requirements for Agricultural Return Flows Waterkeepers Northern California, et al. v. CVRWQCB, Sacramento Superior Court Case No. 02CS00289. Regional Water Quality Control Board | |
October 2002: Sacramento Superior Court Affirms CEQA Review for East Bay Municipal Utility District’s Amendatory CVP Contract State Water Contractors, et al. v. East Bay Municipal Utility District, Sacramento Superior Court Case No.01CS01076 [Consolidated with Case No.01CS01077] final order pending, (Sacramento Super.Ct. Aug. 15, 2002). | |
July 2002: Delta Wetlands Project Prevails in Water Rights Litigation Central Delta Water Agency, et al. v. State Water Resources Control Board, et al. Case No. 01CS00345 (Sacramento County Superior Court April 25, 2002) | |
October 2001: CALIFORNIA: Coordinated Trial Court Proceeding Moves Ahead to Address Challenges to CALFED | |
October 2001: Sacramento County Files Lawsuit Against Florin Resources Conservation District Sacramento County Water Agency v. Florin Resource Conservation Dist. Case No. 01-AS05044, filed Aug. 29, 2001 (Sacramento County Superior Court). | |
June 2001: Sacramento Superior Court Finds the Actions of the California Coastal Commission Violates the Separation of Powers Doctrine of the State Constitution Marine Forests Society, et al. v. California Coastal Commission, et al. Case No. 00AS00567, Sacramento County Superior Court (April 24, 2001). | |
May 2001: Delta Wetlands Project Sued After Approval from State Water Resources Control Board | |
April 2001: Interpreting Water Code § 1126 for the First Time, Superior Court Denied Motions to Dismiss D-1641 Cases for Failure to Name the U.S. Bureau of Reclamation as a Defendant Regents of the University of California v. State Water Resources Control Board, Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001). | |
April 2001: After 15 Years, Paterno Flood Liability Trial Starts Again | |
January 2001: Sacramento County Superior Court to Reconsider Ruling on Validity of Water Rates and Connection Fees Building Industry Association of Superior California v. Florin Resource Conservation District Case No.00CS00375 (Sac. Co. Superior Court Dec. 5, 2000) |
|
|
San Bernardino County Superior Court |
|
October 2007: Settlement in People v. San Bernardino Offers Fresh Blueprint to Assess and Mitigate Climate Change Impacts under CEQA People v. County of San Bernardino CIVSS 700329, settlement agreement, August 21, 2007, San Bernardino County Superior Court | |
June 2007: California Files CEQA Suit against San Bernardino County for Failing to Evaluate Global Warming Impacts State of California v. County of San Bernardino 0700329, filed April 12, 2007, (San Bernardino County Superior Court) | |
June 2006: Environmental Group Files CEQA Lawsuit Challenging LAFCO’s Elimination of Water Conservation District’s Sphere of Influence Center for Biological Diversity v. San Bernardino Local Agency Formation Commission SCVSS136990, filed April 19, 2006 (San Bernardino County Superior Court) | |
August 2002: Court, Water Producers Consider Plan to Solve Chino Basin Subsidence Problem Chino Basin Municipal Water District v. The City of Chino, Case No. RCV 51010 (San Bernardino County Superior Court, Order dated June 19, 2002). |
|
|
San Diego County Superior Court |
|
December 2009: Desalination Meets CEQA (Again): San Diego Coastkeeper Challenges Environmental Compliance for the Carlsbad Desalination Project San Diego Coastkeeper v. City of Carlsbad 37-2009-00061008-CU-TT-NC, filed Oct 16, 2009 (San Diego Cnty. Super. Ct.) | |
July 2009: San Diego Superior Court Decision Paves Way for Construction of Carlsbad Desalination Project Surfrider Foundation v. California Coastal Commission 37-2008-00075727 (San Diego Super. Ct. May 7, 2009) | |
March 2008: Environmental Groups Challenge Approval of Coastal Development Permit for Desalination Facility in Carlsbad Surfrider Foundation, Planning and Conservation League v. California Coastal Commission (Poseidon Resources, LLC, et al., Real Parties in Interest) 37-2008-00075727-CU-WM-CTL (San Diego Super. Ct., filed Jan. 14, 2008) | |
January 2006: City of San Diego Sued Over Plans to Convert Wastewater Into Drinking Water Currie v. City of San Diego, Case No. GIC857292 filed Nov. 22, 2005 (San Diego Co. Super. Ct.) | |
June 2002: Settlement Agreement Finalized in Historic Santa Margarita River Water Rights Dispute Rancho Santa Margarita v. Vail, San Diego County Superior Court Case No. 42850; United States of America v. Fallbrook Public Utility District, et al. U.S. District Court, Southern District of California, Civ. No. 1247-SD-T. | |
March 2002: San Diego Stormwater Permit Challenged in Superior Court. Building Industry Association of San Diego et al. v. State Water Resources Control Board, et al. Case No. 780263 (San Diego Superior Court) | |
March 2001: San Diego Water Districts Sue Power Providers over Unreasonable Electricity Costs Sweetwater Authority, Et Al. V. Dyengy, Inc., Et Al., Case No.Gic 760743 (San Diego Superior Court). |
|
|
San Francisco Superior Court |
|
December 2009: Lawsuit Seeks Protection for American Pika under the California Endangered Species Act Center for Biological Diversity v. California Fish and Game Commission CPF 09-509927, filed Oct 28, 2009 (San Francisco Cnty. Sup. Ct.) | |
April 2008: Environmental Groups Sue Department of Fish and Game over Permitting Guidelines for Incidental Take of Coho Environmental Protection Information Center v. California Department of Fish and Game CGC 08-508127, San Francisco County Superior Court, filed Feb. 25, 2008 |
May 2004: Communities for a Better Environment and Exxon Reach Settlement over California Water Quality Communities for a Better Environment, et al. v. Tosco Corp., et al. San Francisco Super. Ct., Case No. 300595. |
October 2002: Settlements Reached with Remaining Defendants in California’s South Lake Tahoe MTBE Lawsuit South Tahoe Public Utility District v. Atlantic Richfield Co., Case No.999128 (San Fran.Super.Ct.Aug.5,2002). | |
October 2001: Metropolitan Member Agencies Join in "Preferential Rights" Suit Brought by San Diego County Water Authority against Metropolitan and Los Angeles San Diego Water Authority v. Metropolitan Water District Case No. 320217, filed july 20, 2001(San Fransisco Superior Court). |
|
|
San Joaquin County Superior Court |
|
March 2010: San Joaquin County Superior Court Upholds EIR for City of Stockton’s 2035 General Plan Morada Area Association v. City of Stockton CV034370 (San Joaquin Super. Ct. Jan. 4, 2010) | |
November 2008: Sierra Club and California AG Settle Dispute with City of Stockton over Its 2035 General Plan—Climate Change Must Be Addressed Sierra Club v. City of Stockton CV 034405, Memorandum of Agreement, Sept. 10, 2008 (San Joaquin County Superior Court) | |
October 2008: Delta Landowners File Suit against DWR to Determine Who Has the Duty to Clear Sedimentation from North Delta Channels Cortopassi Partners v. California Department of Water Resources CV034843 (San Joaquin Co. Super. Ct.) | |
October 2008: Third District Court to Review Decision of Superior Court Upholding Water District’s Groundwater Charge under Proposition 218 Howard Jarvis Taxpayers Ass’n v. North San Joaquin Water Conservation District C059758 (3rd Dist. 2008) | |
December 2006: Howard Jarvis Taxpayers Association Lawsuit Challenges Stockton’s Use of Water Fee Howard Jarvis Taxpayers Assoc., et al. v. City of Stockton CV030686, filed Oct. 6, 2006 (San Joaquin Superior Court) | |
February 2006: Lawsuits Seek Damages as a Result of 2004 Jones Tract Levee Break BNSF Railway Co. v. Upper Jones Reclamation Dist. No. 2039 CV028072, filed Dec. 7, 2005 (San Joaquin County Super. Ct.) | |
May 2004: San Joaquin Superior Court Grants New Trial in CEQA Challenge to City of Stockton Water Privatization Contract Concerned Citizens Coalition, et al., v. City of Stockton San Joaquin Super. Ct., Case No. CV020397. | |
December 2003: Superior Court Rules that City of Stockton’s Privatization of Municipal Water and Wastewater Operations Is Not Exempt from California Environmental Quality Act Concerned Citizens Coalition of Stockton, et al., v. City of Stockton, et al. Case No. CV 020397 (Super. Ct. San Joaquin Co. Oct. 17, 2003). | |
March 2002: Delta Wetlands Project Sues San Joaquin County Delta Wetlands Props. v. County of San Joaquin filed Jan. 17, 2002 (San Joaquin Superior Court) |
|
|
San Luis Obispo County Superior Court |
|
|
|
San Mateo County Superior Court |
|
|
|
Santa Ana County Superior Court |
|
|
|
Santa Barbara County Superior Court |
|
|
|
Santa Clara County Superior Court |
|
|
|
Santa Cruz County Superior Court |
|
|
|
Siskiyou County Superior Court |
|
|
|
Solano County Superior Court |
|
|
|
Sonoma County Superior Court |
|
|
|
Tehama County Superior Court |
|
|
|
Ventura County Superior Court |
|
|
|
Yolo County Superior Court |
|
|
|
