A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a public hearing is sufficient to meet notice requirements for approval due to agency inaction under the Permit Streamlining Act. Linovitz Capo
Conviction for Violation of Clean Water Act Required Knowing Discharge “Into Water”
The Ninth Circuit reversed a conviction for three counts of violations under the Clean Water Act because the district court failed to instruct the jury that the defendant needed to knowingly discharge material “into water” to convict. United States v. Lucero, No. 19-10074 (9th Cir. March 4, 2021).
In the summer of 2014, Lucero
Lease of City Property Did Not Subject Nonprofit to Liability Under 42 U.S.C. section 1983
The Ninth Circuit held that a private nonprofit club that leased city property was not a state actor that could be held liable for constitutional claims under 42 U.S.C. § 1983. Pasadena Republican Club v. Western Justice Center, No. 20-55093 (9th Cir., Jan 21, 2021).
The City of Pasadena leased city-owned property to the
Brown Act Does Not Require a Finding of Prejudice to Survive a Demurrer
Plaintiffs do not have to allege prejudice caused by a violation of the Brown Act’s statutory vote reporting requirement to survive a demurrer, and it is improper to render a case moot by taking judicial notice of only one party’s records at the demurrer phase. New Livable California v. Association of Bay Area Governments,
Condemnee Need Not Entirely Vacate Premises to Recover Damages After Condemnation is Abandoned
Complete physical dispossession of a property is not a prerequisite to an award of damages after a condemnation proceeding is abandoned—moving from the property in reliance on the order granting the agency possession is sufficient. San Joaquin Regional Transit District v. Superior Court, No. C084755 (3rd Dist., Dec. 1, 2020)
In 2010, the San
Law Restricting Judicial Review of Thermal Power Plant Licensing Decisions Ruled Unconstitutional
The First District Court of Appeal held that Public Resources Code section 22531 unconstitutionally restricted judicial review of licensing decisions by the Energy Resources Conservation and Development Commission regarding thermal power plants over 50 megawatts. Communities for a Better Environment v. Energy Resources Conservation and Development Commission, No. A157299 (1st Dist., Dec. 8, 2020).
Sacramento Superior Court Rules That Insects Are Not Eligible for Listing Under the California Endangered Species Act
In a widely watched case, the Sacramento Superior Court court ruled that insects are not eligible for listing under the California Endangered Species Act. Almond Alliance of California v. California Department of Fish and Wildlife, Sacramento Superior Court No. 34-2019-80003216 (Nov. 13, 2020).
CESA defines “endangered species” as a “native species or subspecies of
School District May Assess Fees Based on General Type of Development and Need Not Consider Subtypes
A school district may impose reasonable school impact fees based on the general type of development, regardless of whether the specific subtype of development will or will not generate new students. AMCAL Chico, LLC v. Chico Unified School District, No. C08700 (3rd Dist., Nov. 5, 2020).
AMCAL constructed a private dormitory complex intended to
Completion of Construction Rendered CEQA Challenge Moot
The Third District Court of Appeal held that CEQA and permitting challenges to an expansion project were moot because defendants had completed construction and did not build the project in violation of any court orders or in bad faith. Parkford Owners for a Better Community v. County of Placer, 54 Cal.App.5th 714 (2020).
This
Park and Recreation Fees Violated Mitigation Fee Act
The court of appeal held that the City of Alameda’s development fee for parks and recreation was invalid and unenforceable because there was no reasonable relationship between the fee charged and the burden from new development. Boatworks, LLC v. City of Alameda, 35 Cal. App. 5th 290 (2019). The City improperly inflated mitigation fees