In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”) in addressing abuse of CEQA by business competitors. Despite recognizing that the facts suggested the CEQA suits had been brought
In Meinhardt v. City of Sunnyvale (2024) 16 Cal.5th 643 (“Meinhardt”), the California Supreme Court resolved a split in authorities over a procedural matter that will give CEQA litigants some certainty about when an appeal must be filed.
When a party loses their case in a California superior court they are entitled to appeal by right,
The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for UC Berkeley to resume construction on the controversial residential development at People’s Park and to implement its long-term campus plan.
In
Introduction
On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46. In the published portion of the case, the Court held that the completion of a project to reconstruct a gun range (“Project”)
In a highly-anticipated case revolving around development impact fees, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed conditions on building permits are not exempt from scrutiny. Although the decision can certainly be characterized as a victory for those facing sometimes exorbitant impact fees, the
In Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, the Fourth District Court of Appeal ruled that plaintiff Hilltop Group, Inc. (“Hilltop”) could proceed with developing a recycling facility, over the objections of community groups and the San Diego County Board of Supervisors (“Board of Supervisors” or “Board”). The proposed North
In Snowball West Investments L.P. v. City of Los Angeles (2023) 96 Cal.App.5th 1054, the Second District Court of Appeal addressed the “rezoning exemption” of the Housing Accountability Act (HAA), finding that a housing project was required to comply with a zoning density limit even though the applicable general plan allowed for higher residential density
On January 5, 2024, the Third District Court of Appeal, upheld the Department of Water Resources’ (“DWR’s”) approval of amendments to long-term contracts with local government agencies that receive water through the State Water Project in Planning and Conservation League, et al v. Department of Water Resources, et al, etc. (2024) 98 Cal.App.5th 726.
In Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 (Anderson), the Fourth District Court of Appeal reversed the trial court’s grant of a preliminary injunction that barred Santa Barbara County from removing unpermitted encroachments from a public right-of-way. In reversing the preliminary injunction, the Court held that the petitioners would not be irreparably
In Committee to Relocate Marilyn v. City of Palm Springs (2023) 88 Cal.App.5th 607, the Fourth District Court of Appeal held that the petition filed by the Committee to Relocate Marilyn (Committee), challenging the determination by the City of Palm Springs (City) to issue a Notice of Exemption (NOE) for an art installation on
