Property owners have diminished due process rights when dealing with the regulatory morass of governmental entities. The best article I have read regarding this problem was written by Jeremy Talcotta, Attorney, entitled "Due Process: Criminals vs. property...
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Land Use & Litigation
A Commerical Development Approved in Your Neighborhood – Now What?
You read in a newspaper or online a new commercial development has been approved by the City/County in your neighborhood. You do not want the commercial development. What can you do to stop it?If the commercial development has already been approved and you...
SCOTUS Declines to Hear Challenge to San Jose’s “Inclusionary Housing Ordinance”
As this Firm anticipated back in September, the Supreme Court recently declined to hear a challenge to the California Supreme Court's decision in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015), cert. denied, 577 U.S. __ (2016). At...
Social Issues Can Effect Local Land Use
Land use for real property is rarely considered when potential legislative acts are considered. The resolution of social issues can affect local land use ordinances and regulations, by which a local juridiction controls the legal use of the real property. The most...
UPDATE: SeaWorld San Diego Sues California Coastal Commission
As promised in October 2015, SeaWorld LLC dba SeaWorld San Diego has commenced litigation against the California Coastal Commission over a decision to condition SeaWorld's new orca enclosure on numerous onerous conditions, including those that dealt with the husbandry...
Recent CA Coastal Commission Decisions – SeaWorld and San Onofre
In another sweeping decision, the California Coastal Commission has seemingly overstepped its jurisdiction of regulating the use of land and water in the coastal zone by imposing certain breeding restrictions on SeaWorld's orca breeding practices. Specifically, the...
San Jose Affordable Housing Decision Appealed to U. S. Supreme Court
In litigation with broad impact for residential real estate development and affordable housing, the Building Industry Association has appealed their loss in CBIA v. City of San Jose, 61 Cal. 4th 435 (2015), to the U. S. Supreme Court. In that decision, the California...
Underground Land Use Regulations Threaten Projects
Land Use and Litigation too often are joined together. Underground land use regulations threaten development projects throughout California. An "underground land use regulation" arises when staff for a governmental reviewing agency imposes a submittal requirement or...
Update: SB 968 Signed Into Law by Gov. Brown
As previously noted on this blog, a clash between private property owners and coastal access advocates has been raging in the court system. By signing SB 968 on September 30, 2014, the State of California is now meddling with the previously private dispute. SB 968...
Legislation Authorizing Taking of Private Property Through Eminent Domain Ready for Governor’s Signature
On August 28, 2014, proposed legislation to allow greater public access to Martins Beach in San Mateo County was presented to Governor Brown for his signature or veto. Senate Bill 968 was authored by Sen. Jerry Hill, D-San Mateo, and originally sought to require the...
