Environmental and Land Use Litigation

A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted with malice. Dunning v. Johnson, 64 Cal. App. 5th 156 (2021).

Clews Horse Ranch sued to challenge a decision by the City of San

California Governor Gavin Newsom recently signed legislation, Senate Bill No. 7, that reenacts a streamlined litigation process for certain “environmental leadership development projects” and extends eligibility to additional housing projects. Previous legislation offering similar benefits to a narrower range of developments expired on January 1.

To qualify for judicial streamlining under SB 7, a project

Plaintiff’s Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire Protection District, No. D076639 (4th Dist., March 30, 2021).

The Julian-Cuyamaca Fire Protection District requested the San Diego Local Agency Formation Commission to dissolve the District and

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No. B304964 (2nd Dist., March 18, 2021).

Felkay purchased an ocean-front lot with the intention of building a residence. The

A City municipal transit agency did not violate equal protection, substantive due process or state anti-age discrimination laws when it disfavored some taxi cab medallion holders from accessing lucrative airport pickups because, among other things, the law was rationally related to legitimate government interests. San Francisco Taxi Coal. v. City & Cty. of San Francisco

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,

The Court of Appeal held that a landowner’s petition for “exclusion” under the Subdivision Map Act seeking orders declaring a parcel map void and restoring the historical lot lines was barred under the doctrine of laches. Decea v. City. of Ventura, 59 Cal. App. 5th 1097 (2021).

Decea bought a house in the Lake

An agency must prepare an environmental impact statement when it fails to address expert scientific evidence that undermines its conclusions about a project’s environmental effects. An agency also must prepare an EIS when there are substantial questions about whether a project will have a cumulatively significant impact. Bark v. U.S. Forest Service, 958 F.3d

A private landowner prevailed over a community association’s efforts to obtain a public recreational easement over trails because substantial evidence showed the landowner took bona fide steps to deter unauthorized users on the trails. Tiburon-Belvedere Residents United to Support the Trails v. Martha Company, No. A157073 (1st Dist., Oct. 23, 2020).

Before 1972, when