In Rominger v. County of Colusa, 2014 Cal. App. LEXIS 813, the Court of Appeal for the Third District overturned the trial court and held a proposed subdivision approved by Colusa County was a project under the California Environmental Quality Act (CEQA), even though the proposal did not include any specific plans for development.
Amy R. Higuera
Court Publishes General Plan Consistency Discussion in Case Upholding San Francisco Redevelopment Project
By Amy R. Higuera on
On September 4, 2014, the Court of Appeal for the Fifth District granted a request to publish an additional portion of the recent case San Francisco Tomorrow v. City & County of San Francisco, 2014 Cal. App. LEXIS 800. The previously published opinion affirmed the City and County of San Francisco’s approval of a …
Ninth Circuit Makes Key Permit Streamlining Act Ruling for Conditional Use Permit Applicants
By Amy R. Higuera on
Posted in Exemptions
In American Tower Corporation v. City of San Diego, 2014 U.S. App. LEXIS 15641, the Ninth Circuit Court of Appeals upheld the City of San Diego’s (City) denial of three conditional use permits (CUP) for three cell tower facilities owned and operated by American Tower Corporation. The court reversed in part and affirmed in …
ALL ABOARD! – High Speed Rail Moves Forward with Bay Area to Central Valley Route After Appellate Court Approval
By Amy R. Higuera on
Posted in Alternatives, Tiering/Streamlining
In Town of Atherton v. Cal. High-Speed Rail Authority, (2014) Cal. App. LEXIS 670, the Court of Appeal for the Third District upheld the final program environmental impact report (EIR) for the segment of the California High Speed Rail project linking the San Francisco Bay Area to the Central Valley.
In the EIR, the …
Appellate Court Rejects Challenges to Redevelopment Project in San Francisco Neighborhood
By Amy R. Higuera on
In a partially published opinion in San Francisco Tomorrow v. City and County of San Francisco, 2014 Cal. App. LEXIS 735, the Court of Appeal for the First Appellate District upheld denial of a petition for a writ of mandate seeking to overturn approval of a 152-acre redevelopment project near Lake Merced in southwest …
Appellate Court Upholds Trial Court’s Jurisdiction to Discharge Writ for Huntington Beach Senior Center
By Amy R. Higuera on
Posted in Remedies
In an unpublished decision, Parks Legal Defense Fund v. City of Huntington Beach, (2014) Cal. App. Unpub. LEXIS 5050, the Fourth District Court of Appeal upheld the trial court’s jurisdiction to discharge a writ of mandate, but reversed and remanded the trial court’s determination that the subsequent environmental impact report complied with the California…
Appellate Court Upholds Lot Merger in Newport Beach Neighborhood
By Amy R. Higuera on
Posted in Planning and Zoning
In an unpublished decision, Lookout Point Alliance v. City of Newport Beach, (2014) Cal. App. Unpub. LEXIS 4214, the Court of Appeal for the Fourth District upheld the trial court’s denial of a petition for a writ of mandamus challenging the City of Newport Beach’s approval of a merger of two residential lots.
In…
Mining the Administrative Record for Answers: Appellate Court Reverses Trial Court for Ignoring Substantial Evidence and Making Improper De Novo Determinations on Quarry Project
By Amy R. Higuera on
In an unpublished decision, Citizens Advocating for Roblar Rural Community v. County of Sonoma, 2014 Cal. App. Unpub. LEXIS 3393, the Court of Appeal for the First District reversed the trial court’s decision granting a petition for writ of mandate that challenged County certification of a final environmental impact report (EIR) and issuance of…
Superior Court Grants Attorney General Leave to Appear as Amicus Curiae in Support of Greenhouse Gas Analysis Prepared for Plan Bay Area
By Amy R. Higuera on
Posted in News
On May 16, 2014, in Bay Area Citizens v. Assn. of Bay Area Governments, et al (Case No. RG13690631), the Alameda County Superior Court granted an Ex Parte Application filed by the Attorney General on behalf of the People of the State of California to file an amicus curiae brief. In its amicus curiae brief,…
Appellate Court Upholds CEQA Exemption for New Fiber-Optic Cable Utility Boxes in San Francisco
By Amy R. Higuera on
In an unpublished decision in San Francisco Beautiful v. City and County of San Francisco, 2014 Cal. App. Unpub. LEXIS 3108, the First District Court of Appeal affirmed the denial of a writ of mandate challenging the City and County of San Francisco’s decision to approve AT&T’s installation of 726 metal utility boxes without…