In Sterling Park, L.P. v. City of Palo Alto, a developer agreed to provide below-market rate units and pay an in-lieu fee as a condition of the City’s approval of its condominium development. Over a year later, the City asked the developer to convey the below-market rate units to the City per the agreement.
Planning and Zoning
Property Owner Unsuccessfully Hunts for a Way to Void a Conservation Easement
By Thomas Law Group on
Posted in Planning and Zoning
On December 11, 2012, the Third District Court of Appeal changed its decision in Wooster v. Department of Fish and Game (Nov. 26, 2012) 2012 Cal. App. LEXIS 1250 from unpublished to published. In this decision, the court was asked to determine whether Kelly C. Wooster’s property in Calaveras County should be deemed to be…
County Must Determine if Mining Company has a Vested Right to Expand its Quarry
By Thomas Law Group on
Posted in Planning and Zoning
In an unpublished decision, McMillan v. County of Siskiyou (Nov. 27, 2012) 2012 Cal. App. Unpub. LEXIS 8596, the Third District Court of Appeal on rehearing reversed its initial opinion and required the County of Siskiyou to hold a public adjudicatory proceeding to determine whether Butte Creek Minerals (BCM) has a vested right to continue…
Court Finds No Vested Right Where Prior Mine Owner Did Not Assert One
By Thomas Law Group on
Posted in Planning and Zoning
In an unpublished opinion, McMillan v. County of Siskiyou (2012) 2012 Cal.App.Unpub. Lexis 3791, the Third District Court of Appeal held a property owner does not have a vested right to mine his property where the previous owner did not assert a vested right to engage in mining activities.
Petitioner acquired property in Siskiyou County…
West Chandler Boulevard Neighborhood Assn. v. City of Los Angeles (2011) 198 Cal. App. 4th 1506
By Tina Thomas on
Posted in Planning and Zoning
In a land use and municipal law related case (not involving a CEQA challenge), Petitioner challenged the City of Los Angeles’s (City) decision to grant a synagogue a conditional use permit and parking variance. Petitioner petitioned for a writ of administrative mandamus, which was denied by the Superior Court. Petitioner appealed to the Second District…
Clover Valley Foundation v. City of Rocklin (2011) 197 Cal.App.4th 200
By Thomas Law Group on
The City of Rocklin (City) certified an EIR for a developer to build a 622-acre residential project. Petitioners sued, claiming the EIR was insufficient. The trial court found for the City. The Third District Court of Appeal affirmed the lower court’s decision, upholding the City’s approval of the project and the EIR. In challenging the…
No Distinction Between a “Grant” or “Denial” in Application of 90-day Limitation Period to Challenge a Zoning “Decision”
By Thomas Law Group on
Posted in Planning and Zoning, Procedural Issues
General Development Co. v. City of Santa Maria (January 25, 2012) 202 Cal.App.4th 1391
A developer applied to change the zoning designation for a 4.84 acre parcel of vacant land. The City of Santa Maria denied the request, and the developer filed a lawsuit, 97 days after the city’s final decision. The court dismissed developer’s…