The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more
Until recently, local policies on homelessness have been guided by two controversial rulings from the Ninth Circuit Court of Appeals: Martin v. Boise (9th Cir. 2019) 920 F.3d 584 and Johnson v. City of Grants Pass (9th Cir....more
The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances....more
Near the end of 2023, the United States Supreme Court declined to consider the City of Costa Mesa’s appeal of a January Ninth Circuit ruling in SoCal Recovery, LLC v. City of Costa Mesa (2023) 56 F.4th 802. The decision held...more
“We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore.’” That was what then-candidate Trump promised life would be like in America...more
When disputes arise over land use issues, whether it is the approval or denial of a land use application, we have traditionally turned to our judicial system for their resolution. Indeed, in Connecticut, we have been...more
California’s Second District Court of Appeal recently affirmed that a shorter 90-day statute of limitations, and not a longer three- or four- year statute of limitations, applies to Political Reform Act (PRA) claims that...more
The Fourth District Court of Appeal held that California courts do not have jurisdiction to adjudicate claims involving objections to regional housing needs assessment (RHNA) allocations. City of Coronado v. San Diego...more
In a case potentially overshadowed by the California Supreme Court’s same-day denial to hear a request to stay a cap on student admissions at UC Berkeley, the Second Appellate District Court (Div. 2) issued its opinion in...more
In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more
In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project...more
The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more
As we previously reported, on April 6, 2020, the California Judicial Council adopted an emergency rule suspending (or “tolling”) the running of statutes of limitations on civil claims during the state of emergency declared by...more
On April 6, 2020, the California Judicial Council adopted Emergency Rule 9, which tolled statutes of limitations on civil causes of action for the duration of the state of emergency declared by Governor Newsom on March 4,...more