In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had heard and decided appeals from the Planning Commission. Because the County of San Benito’s local
On October 21st, the Second District Court of Appeal published a decision in Santa Clarita Organization etc. v. County of Los Angeles (2024) 105 Cal.App.5th 1143 that addresses the question of whether a CEQA challenge to an approval of a vesting tentative tract map for a subdivision is subject to the summons requirement
In Westside Los Angeles Neighbors Network v. City of Los Angeles (2024) 104 Cal.App.5th 223, the Second District held that the City of Los Angeles Planning Commission (“Commission”) was a decision-making body authorized to certify the final EIR for the entirety of the Westside Mobility Plan (“Mobility Plan”). The Court found that this authority
In People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, the First District Court of Appeal held that the Final EIR (“FEIR”) and associated errata for a proposed mixed-use development project, located in a rural part of Lake County, failed to adequately assess the increased risk of human-caused wildfires the project created.
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
An empty basketball court fills a corner of People’s Park in Berkeley, Calif. on April 18, 2018. (Courtesy of UC-Berkeley)
In California Construction and Industrial Materials Association v. County of Ventura (2023) 97 Cal.App.5th 1, the California Construction and Industrial Materials Association and the Ventura County Coalition of Labor, Agriculture and Business separately and unsuccessfully petitioned for writs of mandate to require the County of Ventura to vacate an ordinance creating a wildlife migration corridor. The
In United Neighborhoods for Los Angeles v. City of Los Angeles, et al. (2023) 93 Cal.App.5th 1074, the Second District Court of Appeal affirmed a trial court’s grant of a writ of mandate halting a project in Hollywood that would replace 40 rent-stabilized apartments with a hotel. The City of Los Angeles determined that
In Lucas v. City of Pomona (2023) 92 Cal.App.5th 508, the Second District of the Court of Appeal affirmed the trial court’s decision that the City of Pomona’s (“City”) application of the statutory exemption under CEQA Guidelines section 15183 was proper for approval of a zoning overlay district for commercial cannabis activities (the “Project”). Applying
The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged by a neighboring commercial development owner. To comply with CEQA, the City of Newport Beach prepared an addendum to an existing environmental impact report