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 Koi Nation of Northern California v. City of Clearlake, the Lake County Superior Court (in a judgment dated December 22, 2023) upheld the City of Clearlake’s (“City”) determination, under the substantial evidence standard, that resources not listed on a historic register failed to qualify as tribal cultural resources (“TCR”). The Court also held
In Yes In My Back Yard v. City of Culver City (2023) 96 Cal.App.5th 1103, the Second District Court of Appeal (“Court”) held that the City of Culver City (“City”) violated Government Code section 66300 (“Section 66300”)—a part of the Housing Crisis Act of 2019, also known as SB 330 (“SB 330”)—when it adopted
In City of San Clemente v. Department of Transportation (2023) 92 Cal.App.5th 1131, the Fourth District Court of Appeal held that a homeowner’s association (Association), who challenged a proposed state highway extension alignment and a CEQA settlement that required the highway to avoid sensitive areas, was not entitled to attorney’s fees under the “private attorney
On August 31, 2023, the U.S. Fish and Wildlife Service (USFWS) issued a final rule listing four distinct population segments (DPSs) of foothill yellow-legged frog (Rana boylii) under the federal Endangered Species Act (ESA). The foothill yellow-legged frog lives in streams throughout California and Oregon, but the four DPSs identified are all located
In Tulare Lake Canal Company v. Stratford Public Utility District (2023) 92 Cal.App.5th 380, the Fifth District Court of Appeal reversed and remanded a trial court order denying a preliminary injunction to halt the construction of a water pipeline through an easement granted by the Stratford Public Utilities District (SPUD) without first undergoing environmental review.
In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP (strategic litigation against public participation) law on the grounds that the real party’s actions were not
In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent domain action because SCE was neither a “public agency” under CEQA nor did SCE need approval from a public
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
In Save Livermore Downtown v. City of Livermore (2022) 87 Cal.App.5th 1116, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it approved a 130-unit affordable housing project (Project) in the downtown area. The Project was found to be exempt under CEQA