NIMBY

NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner

By Breana M. Inoshita & Tina Thomas on July 24, 2023

Posted in Addendum, CEQA Guidelines, Impact Analysis, Subsequent CEQA Review, Transportation

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…

First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney

By Breana M. Inoshita & Kathryn L. Oehlschlager on January 5, 2023

Posted in Exemptions, Exhaustion of Administrative Remedies, Litigation

In Jenkins et al. v. Brandt-Hawley et al. (2022) 86 Cal.App.5th 1357, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions. The Court of Appeal upheld an order denying an anti-SLAPP motion, allowing a malicious prosecution action to proceed against an attorney who litigated an unsuccessful…

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NIMBY

NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner

First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney

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