York v. City of Los Angeles: Just Because You Can’t Build the Mansion You Want Doesn’t Mean There Was A Regulatory Taking

York v. City of Los Angeles: The City’s Decision to Deny a Grading Permit for Nearly 80K Cubic Yards Under the Hollywood Sign Was Supported By Substantial Evidence and Did Not Create A Regulatory Taking.

Corinne CalfeeApril 16, 2019Comment

TransparentGov Novato v. City of Novato: It’s Tough To Maintain a Brown Act Claim When the City Commits to Stop its Offending Practice

TransparentGov Novato v. City of Novato: There Was No Justiciable Controversy Under the Brown Act After the City Responded to a Cease and Desist Letter, Agreeing to Stop the Offending Practice and Adopted New Policies to Avoid the Practice in the Future

Corinne CalfeeApril 12, 2019Brown Act, mootnessComment

SOMCAN v. City and County of San Francisco: The First Application of Sierra Club v. County of Fresno

South of Market Community Action Network v. City and County of San Francisco: Notwithstanding the new EIR standard in Sierra Club v. County of Fresno, the First District Court of Appeal upheld every component of the EIR for Forest City’s 5M development in San Francisco, rebuking petitioners for sloppy citations, briefing, and arguments.

Corinne CalfeeMarch 26, 2019CEQA, standard of review, EIR, Project Description, TrafficComment

Ione Valley Land, Air, and Water Defense Alliance v. County of Amador: Denying Petitioners a Second Bite at the Apple

Ione Valley Land, Air, and Water Defense Alliance v. County of Amador: Upholding a partially recirculated EIR and rejecting old arguments barred by res judicata.

Corinne CalfeeMarch 24, 2019CEQA, Res judicata, EIRComment

1305 Ingraham v. City of Los Angeles: Housing Approvals Enjoy a Short, 90-day Statute of Limitations

A reminder that the statute of limitations to challenge a housing approval is short: 90 days under Government Code section 65009(c)(1).

Corinne CalfeeMarch 15, 2019Statute of limitations, Statutory interpretationComment

Berkeley Hills Watershed Coalition v. City of Berkeley: No Really, When the City of Berkeley Finds a Project Exempt from CEQA, it Really Is Exempt

Berkeley Hills Watershed Coalition v. City of Berkeley: Upholding the City’s Exemption Determination by Applying the Standard of Review from Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086

Corinne CalfeeFebruary 21, 2019CEQA, exemption, exception, standard of review Comment

Perez v. County of Monterey: There is no constitutional right to keep roosters

Perez v. County of Monterey: In case you were wondering, there is no Constitutional right to keep roosters.

Corinne CalfeeFebruary 15, 2019Comment

A judicial reminder to check your mail, avoid red tags, and appeal them in a timely fashion if you're looking to sue...

Rasooly v. City of Oakley: The Court reminds property owners to check their mail and their (nuisance) properties regularly because the exhaustion doctrine applies to “red tags.”

Regulatory LawCorinne CalfeeNovember 26, 2018Red tag, Exhaustion of remdies, Notice Comments

Water Rate Schedule Is A Legislative Decision That’s Subject to Referendum

Wilde v. City of Dunsmuir: The Third Court of Appeal required the City of Dunsmuir to put on the next municipal ballot a referendum of the new water rate schedule.

Regulatory LawCorinne CalfeeNovember 24, 2018Referendum, FeesComment

Court OK's Plumas County General Plan and EIR

High Sierra Rural Alliance v. County of Plumas: Plumas County’s General Plan complied with the Timberland Act and the General Plan was adequately analyzed in the EIR.

CEQA, Environmental ReviewCorinne CalfeeNovember 24, 2018EIR, General Plan, Timberland Production Zone, RecirculationComment

Fourth District Appropriately Confirms That Public Agencies Can Adjust Projects without Additional Environmental Review

The court in Save Our Heritage Organisation v. City of San Diego properly upheld the use of an addendum to an EIR. This allows public agencies the flexibility necessary to make adjustments in projects so long as such projects do not create or exacerbate significant environmental impacts.

Corinne CalfeeNovember 15, 2018Comment