An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of Nollan and Dolan and was therefore unconstitutional. Alliance for Responsible Planning v. Taylor (County of El Dorado, No. C085712 (3rd Dist., May
Appellate Courts to Malibu Homeowners: “Defy the Coastal Commission at Your Peril”
Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt construction after notification of the violation by Commission staff. (See our report: Coastal Commission Order to Homeowners to Remove Seawall
Suit Challenging Water District’s Ad Valorem Property Tax Was Time-Barred Under the Validation Statutes
A challenge to a water district’s increase in its ad valorem property tax was untimely under the 60-day statute of limitations in the validation statutes. Coachella Valley Water District v. Superior Court (Roberts), No. E074010 (4th Dist., March 9, 2021).
Code of Civil Procedure sections 860-870 provide for accelerated procedures for determining the validity
Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration
The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it was already obligated to do by statute. San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach,
Coastal Commission Order to Homeowners to Remove Seawall and Pay $1 Million Fine Upheld
The Court of Appeal upheld a Coastal Commission cease-and-desist order requiring demolition of a seawall and payment of a $1 million penalty by homeowners who performed major reconstruction on their coastal home without notifying the Coastal Commission. 11 Lagunita, LLC v. California Coastal Commission, No. G058436 (4th Dist., Dec. 18, 2020).
In 2015, the
City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment
The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the business records at issue. Hotop v. City of San Jose, No. 18-16995 (9th Cir., Dec. 7, 2020).
Plaintiffs challenged amendments
Plaintiff Lacked Standing to Sue Coastal Commissioners for Failing to Disclose Ex Parte Communications
A court of appeal held that a plaintiff did not have public interest standing to sue Coastal Commissioners for violating disclosure obligations concerning ex parte communications because the lawsuit was not brought as a mandamus action. Spotlight on Coastal Corruption v. Kinsey, No. D074673 (4th Dist., Nov. 24, 2020).
The California Coastal Act allows
Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot
A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the contractor — was still available in plaintiff’s taxpayer action. Davis v. Fresno Unified School District (Davis 2)
Agencies Must Preserve Emails For CEQA Record of Proceedings
An agency’s duty to preserve documents for inclusion in the record of proceedings under CEQA prevails over a local agency’s document retention and destruction policies. Golden Door Properties v. Superior Court (County of San Diego), 52 Cal.App.5th 837 (2020)
In their action challenging an EIR certification, petitioners moved to compel San Diego County to
EPA Failed to Evaluate Potential Adverse Impact of Pesticide on Monarch Butterfly
The Ninth Circuit held that the EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by failing to assess adverse effects of a pesticide — Enlist Duo —on monarch butterfly habitat. National Family Farm Coalition v. U.S. Environmental Protection Agency, No. 17-70810 (9th Cir., July 22, 2020).
For decades, glyphosate and 2,4-dichlorophenoxyacetic acid