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Posts tagged "Land Use & Litigation"

Property Owners Diminished Due Process Rights

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 owners" published in PLF's Sword&Scales, Spring 2018 issue.

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?

How Do I Serve a "Dissolved" Corporation?

From time to time, civil litigation requires that a litigant sue a dissolved corporation. At common law, a corporation ceased to exist and could not sue or be sued once it had dissolved, but the California legislature abandoned these common law rules in 1929. See Penasquitos, Inc. v. Superior Court (1991) 53 Cal. 3d 1180, 1184-85.

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 issue in BIA's Petition for Writ of Certiorari was whether the city's "Inclusionary Housing Ordinance," which required that residential developments of at least twenty (20) homes sell at least fifteen percent (15%) of the homes at below-market prices (as determined by the City) to buyers with qualifying income levels, was an unconstitutional taking under the Fifth and Fourteenth Amendments of the U.S. Constitution.

California Coastal Commission vs. Mobilehome Parks and LUPs

The San Mateo Daily Journal reports here on a coming battle with the California Coastal Commission that should alarm coastal mobilehome park owners and residents alike.

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 typical examples involve residential and commerical developments. Additionally, local jurisdictions may impose other ordinances or regulations that limit a certain number of business to a specific geographic area (e.g., only a limited number of hair salons may be licensed).

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 practices and transportation restrictions of the orcas. The initial Petition for Writ of Mandate and Complaint for Declaratory Relief was filed on Tuesday, December 29, 2015 after an agreement by the parties to extend the time period for which SeaWorld had to file its lawsuit.

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 practices and transportation restrictions of the orcas. The initial Petition for Writ of Mandate and Complaint for Declaratory Relief was filed on Tuesday, December 29, 2015 after an agreement by the parties to extend the time period for which SeaWorld had to file its lawsuit.

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 Supreme Court sided with the City of San Jose, saying that the City's affordable housing ordinance, which requires that new developments sell 15 percent of their units at reduced prices, is not an "exaction" triggering a strict analysis under the California and U.S. Constitutions, as to whether a government has taken property without compensation (takings). Instead, the ordinance and its development conditions would be analyzed like any other municipal ordinance.

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