How to define the "special" in special benefit assessments.
Oct 13, 2011
Recent polls suggest that Proposition XIII remains as popular today as when it was enacted. Yet, at the same time, residents demand a high level of services which exceed the ability of local officials ...
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Not every CEQA error requires reversal
Oct 04, 2011
How many mitigated negative declarations are required to avoid an EIR? In Sonoma County the answer is five. One can speculate that after five negative declarations an EIR perhaps would have been a quic...
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Walking the fine line between full CEQA disclosure and protection of cultural resources
Oct 04, 2011
As the States public disclosure statute, CEQA directs lead agencies to disclose the likely impacts associated with agency approvals. And while legal caution dictates that more disclosure is preferable ...
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Zoning Regulations May Burden the Free Exercise of Religion
Mar 04, 2011
The Faith Fellowship Foursquare Church ("Church") is a church active in the City of San Leandro, but as its membership grew with the passage of time, the Church outgrew its existing facilities. Startin...
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California Land Use Litigation
Feb 23, 2011
While land use litigation is not overly complex, it contains two procedural rules which occasionally trip up project opponents. First, CEQA requires that the petitioner request a hearing with in 90 d...
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Religious Institutions and Local Zoning
Feb 23, 2011
Divine purposes are not a free pass from local zoning regulations, as reflected in a recent case from southern California. The Sahag-Mesrob Armenian Church owned two parcels zoned R-1, and on May 28, ...
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Development Impact Fees
Nov 08, 2010
In 1986, the Legislature enacted the Mitigation Fee Act ("MFA") (Government Code section 66000 et seq.) Supported by the building industry, this legislation was thought to operate as a limitation on th...
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Urban Water Management Plans
Nov 08, 2010
Land use and California Environmental Quality Act ("CEQA") litigation frequently involves a petitioner asking the court to second guess agency decision makers by reweighing the evidence, and to expansi...
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CEQA Litigation Strategies
Nov 08, 2010
Whether you attribute the expression "the best defense is a good offense" to Vince Lombardi, Bear Bryant, General Carl Von Clausewitz (On War, 1873) or Sun Tzu (Art of War, 6th Century, B.C.), the same...
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