The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free speech under California’s anti-SLAPP statute. Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association, 19 Cal. App. 5th 399
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Court Defers to City’s Interpretation of the Building Code
By Brian Daluiso on
Posted in Planning and Zoning
A city’s interpretation of the building code is entitled to significant deference in light of the city’s expertise regarding land-use determinations. Harrington v. City of Davis, 16 Cal. App. 5th 420 (2017).
The City of Davis approved a conditional use permit for a property owner to use a home in a residential neighborhood as professional…
Forest Service Properly Analyzed Potential Impacts of Forest Restoration Project on Pine Marten and Fisher Populations
By Brian Daluiso on
Posted in NEPA
The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the project area. Alliance for Wild Rockies v. Pena, 865 F.3d 1211 (9th Cir. 2017).
The Alliance for the Wild…
An Attorney Fee Award Is Not Available To A Project Proponent That Successfully Defends A Challenge To Project Approvals Unless The Lawsuit Was Detrimental To The Public Interest.
By Brian Daluiso on
Posted in Environmental and Land Use Litigation
A project sponsor can successfully defend an action brought to challenge a permit for its project, and satisfy the standards in Code of Civil Procedure section 1021.5 for an award of attorneys’ fees, but still have its fee claim rejected, if the court concludes the aim of the lawsuit was to protect, rather than curtail,…
Initiative petition must include full text of every provision enacted into law
By Brian Daluiso on
Posted in Planning and Zoning
The Court of Appeal has held that because the proponents of an initiative failed to include the full text of the proposed initiative in the petition, the petition violated Elections Code section 9101 and was therefore invalid. Wilson v. County of Napa, 9 Cal.App.5th 178 (2017)
Proponents filed an initiative petition with the Napa…
CEQA YEAR IN REVIEW 2016
By Stephen Kostka, Chris Berka, Marc Bruner, Julie Jones, Barbara Schussman, Laura Zagar, Marie Cooper, Christopher Chou, Michelle Chan, Garrett Colli, Brian Daluiso, Sunny Tsou & Perkins Coie on
Posted in CEQA
A Summary Of Published Appellate Opinions Under The California Environmental Quality Act
In 2016, the California appellate courts issued published opinions in 21 CEQA cases. In several of those opinions, including a ground-breaking decision by the California Supreme Court, the courts grappled with limits on the scope of required environmental review for a subsequent project…
Indian Gaming Act and NEPA Irreconcilable, Ninth Circuit Rules
By Brian Daluiso on
Posted in NEPA
The Ninth Circuit has held that the National Indian Gaming Commission’s approval of a tribal gaming ordinance does not require review under the National Environmental Policy Act because there is an irreconcilable conflict between NEPA and the Indian Gaming Regulatory Act. Jamul Action Committee v. Chaudhuri, No. 15-16021 (9th Cir., June 9, 2016).
The…
Ordinance Prohibiting Mobile Medical Marijuana Dispensaries Was Not a “Project” Under CEQA
By Brian Daluiso on
Posted in CEQA, Planning and Zoning
A California Court of Appeal has held that a city ordinance prohibiting mobile medical marijuana dispensaries within city boundaries did not constitute a “project” under the California Environmental Quality Act. Union of Medical Marijuana Patients, Inc. v. City of Upland, 245 Cal.App.4th 1265 (2016).
In 2007, the City of Upland adopted a zoning ordinance…