In Woody’s Group, Inc. v. City of Newport Beach, the Fourth District Court of Appeal held that the City Council of Newport Beach “violated two basic principles of fairness: you can’t be a judge in your own case, and you can’t change the rules in the middle of the game.” Thus, a council member
Kathryn Bilder
Conservation Easements Not Required As Mitigation For Permanent Loss Of Farmland
In Friends of the Kings River v. County of Fresno, the California Fifth District Court of Appeal upheld the County of Fresno’s adoption of an Environmental Impact Report for a mining operation that will result in a permanent loss of 600 acres of farmland. Most notably, the Court held that a County is not…
Coastal Commission Erred In Finding Property Owner Is Stuck With Unconstitutional Dedication Condition
In an opinion on rehearing, the Second District Court of Appeal overturned a California Coastal Commission decision that a condition of a county-issued coastal development permit could not be eliminated by a second coastal development permit the county issued for the same project. Bowman v California Coastal Commission, No. B243015, Oct. 23, 2014. …
Under the Public Records Act, agencies must allow access to land use databases.
The California Supreme Court has unanimously held that a public agency must allow access to a database of information on land use parcels, rejecting the claim that such information is subject to the “computer software” exemption under the Public Records Act. Sierra Club v. Superior Court, No.S194701 (July 8, 2013).
Section 6254.9(a) of the …
Coastal Commission May Not Review City Nuisance Abatement Ordinance Passed In Good Faith
The California Coastal Commission lacks jurisdiction to review a city’s adoption of a nuisance ordinance because a municipality’s enactment of an ordinance is not an appealable action. However, the city must demonstrate that it exercised its nuisance abatement power, pursuant to Coastal Act section 30005(b), in good faith, and not as a pretext for avoiding …