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California Land Use & Development Law Report

California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.

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October 13, 2015

Court of Appeals Issues Nationwide Stay of New Clean Water Act Rules

A federal court of appeals has blocked implementation of new Clean Water Act rules adopted by the EPA and Army Corps of Engineers. U.S. Environmental Protection Agency v. Ohio et. al., No.

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October 12, 2015

Condemnation Does Not Result in Subdivision of Remaining Property under Map Act

A recent Court of Appeal decision, Save Mt. Diablo v. Contra Costa County, No.

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September 22, 2015

Risks to Open Space Designated in General Plan’s Open Space Element a Valid Ground for Denying Application to Subdivide a Mobilehome Park

A city may deny a proposed mobilehome park subdivision that is inconsistent with the open space element of its general plan, according to the recent court of appeal decision in Carson Harbor Village, Ltd. v. City of Carson, No. B25011 ( Second Dist. August 21, 2015.)

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September 18, 2015

$9 Billion School Bond Measure Headed for November 2016 Ballot

Almost a decade has passed since California last authorized a statewide school bond to build new schools and modernize existing schools.

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September 18, 2015

Building Industry Seeks U.S. Supreme Court Review of San Jose Affordable Housing Case

The California Building Industry Association has filed a petition for

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September 16, 2015

Ninth Circuit Blocks EPA Approval of Controversial Pesticide

A federal appellate court has invalidated the U.S.

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September 8, 2015

California Supreme Court Sets Oral Argument in Key CEQA Case

The California Supreme Court has announced that the oral argument in California Building Industry Association v.

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September 5, 2015

Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees

The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City's findings "were mere conclusions, not the specific findings required under the [Mitigation Fee] Act."

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August 28, 2015

Federal Court Blocks Enforcement of New Clean Water Act Rule

The U.S.

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August 21, 2015

Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

Update: After granting review and holding the Newark case (below) pending its decision in Ardon v.

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August 18, 2015

District Court Strikes 30-Year Eagle Take Rule

The U.S. District Court for the Northern District of California has invalidated the U.S.

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August 12, 2015

Supplement to Curtin’s California Land Use and Planning Law (34th Ed.) Available as Free Download

The 2015 Supplement to the 34th edition of Curtin's California Land Use & Planning Law is being made available as a free download on Solano Press. It can be accessed here: Supplement -- Curti

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August 4, 2015

A State Agency’s Duty To Mitigate Significant Environmental Impacts Does Not Depend On A Legislative Appropriation Of Funds For Mitigation

The California State University system may not condition its funding of mitigation for off-site impacts of a campus expansion project on receipt of a legislative appropriation earmarked for that purpose, according to a decision issued yesterday by the California Supreme Court.

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July 30, 2015

Building Industry Challenges Public Art Requirements

The Building Industry Association of the Bay Area has filed a lawsuit in federal court in the Northern District of California challenging the City of Oakland's recent adoption of a public art ordinance on constitutional grounds. The challenged Ordinance requires deve

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July 28, 2015

If At First You Succeed, Don't Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw v. County of Stanislaus, No.