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Epic Battle over Lafayette Housing Project Finally Ends as California Supreme Court Refuses to Review Unanimous Court of Appeal...

After 12 arduous years, the 315-unit Terraces of Lafayette apartment project is finally clear to be constructed now that the California Supreme Court rejected Save Lafayette’s request for review. The Court also rejected Save...more

Court Rejects Meritless Challenge to Livermore Affordable Housing Project

On January 26, 2023, in Save Livermore Downtown v. City of Livermore, __Cal.App.5th __ (2021) (Case No. A164987), the First District Court of Appeal affirmed a trial court decision rejecting a local NIMBY group’s challenge to...more

Miller Starr Regalia Prevails in Landmark Housing Accountability Act Case

The Terraces of Lafayette is a 315-unit housing development project in Lafayette, California that is perhaps the poster child project under the state’s most important housing production law, known as the Housing...more

New California Law Addresses Delays by Public Agencies in the Post-Entitlement Permitting Process

On January 1, 2023 Assembly Bill 2234, an important new post-entitlement accountability and streamlining law that amends the Housing Accountability Act and adds new sections to the Planning and Zoning Laws, takes effect in...more

“Builder’s Remedy” Provides Key Housing Production Opportunities in California

California is in the midst of the 6th Regional Housing Needs Allocation cycle known as RHNA, a state-mandated process that requires all cities and counties to timely update the housing elements of their general plans to plan...more

New UC Irvine Study Debunks NIMBY Claims That New Affordable Housing Development Reduces Local Property Values and Increases Crime

NIMBY project opponents rely on an ever-shifting array of flimsy arguments to challenge new housing developments, especially those with affordable housing components.  Among the most frequently stated concerns is the notion...more

Court Holds that the Legislature Really Did Dissolve Redevelopment Agencies and Rendered the 15% Affordable Housing Requirement...

The AIDS Healthcare Foundation is an extremely well-funded Los Angeles-based non-profit that now engages in some of the most pernicious anti-housing activities in California.  The organization recently challenged the approval...more

State Housing Law Again Preempts Subjective Local Development Standards

On February 2, 2022, in Bankers Hill 150 v. City of San Diego, __ Cal.App.5th __ (Case No. D077963), the Fourth District Court of Appeal relied on fundamental provisions of California’s Density Bonus Law in rejecting a...more

Court Affirms City’s Determination That Substantial Evidence Supports Approval of Mixed-Use Development Project

On September January 12, 2022, in Old East Davis Neighborhood Association v. City of Davis, __ Cal.App.5th __ (Case No. C090117), the Third District Court of Appeal reversed a trial court decision that granted a writ petition...more

California Department of Housing and Community Development Warns San Francisco About Potential Violations of State Housing Law

For decades developers and landowners have considered San Francisco as a City that is unfriendly to property rights.  From the City’s Hotel Conversion Ordinance, which severely restricts the conversion of hotels from...more

Developer Achieves Complete Victory in SB 35 Decision for New Mixed-Use Development in Berkeley

In Ruegg & Ellsworth v. City of Berkeley, __ Cal.App.5th __ (2021) (Case No. A159218), the first published appellate decision addressing Senate Bill 35, the First District Court of Appeal reversed a trial court decision in...more

Game Changer: Public Agency Cannot Mandate Payment of Attorney Fees Under Indemnity Agreement Without Specific Statutory Authority

In a low-profile but important new decision, San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, __ Cal.App.5th __ (2021) (Case No. B296968), the Second District Court of Appeal affirmed a trial court...more

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

On November 5, 2020, in AMCAL Chico LLC v. Chico Unified School District, __ Cal.App.5th __ (2020) (Case No. C087700), a case involving the Chico Unified School District’s imposition of school impact fees on a dormitory...more

Amy Coney Barrett and Property Rights

Judge Amy Coney Barrett was nominated, for a reason, to replace the late Justice Ruth Bader Ginsburg as an Associate U.S. Supreme Court Justice. As other commenters have noted, a Justice Barrett is expected to move the Court...more

Court Holds That County’s Abandonment of Public Road Easement Rights Did Not Violate Brown Act, Was Supported by Substantial...

On August 17, 2020, in Martis Camp Community Association v. County of Placer, __ Cal.App.5th __ (2020) (Case Nos. C087759 and C087778), the Third District Court of Appeal addressed several novel legal claims arising from the...more

Court Holds That Subdivider’s Challenge to County’s Interpretation of Vesting Tentative Map Conditions of Approval May be Filed...

California’s statues of limitations in land use cases are notoriously short and harsh and don’t often result in outcomes favorable to aggrieved applicants. Exceptions such as Honchariw v. County of Stanislaus, __ Cal.App.5th...more

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more

Development Agreement Allowed City to Impose New Fees on Housing Project Despite Previously Approved Vesting Tentative Map

In a new case published on June 8, 2020, North Murrieta Community, LLC v. City of Murrieta, __ Cal.App.5th __ (2020) (Case No. E072663), the Fourth District Court of Appeal addressed novel vested rights issues arising under...more

California Cities Seek Relief From Project Processing, Public Records Act, and Other Key Statutory Timelines During State of...

Seeking to piggyback on the State of Emergency Governor Gavin Newsom declared on March 4, 2020 as part of the state’s response to address the global COVID-19 pandemic, California cities filed a letter with the Governor asking...more

Establishing Vested Rights Through SB 330’s Preliminary Application: Understanding the Key Differences Between “Deemed Complete”...

Senate Bill 330, referred to as the Housing Crisis Act of 2019, contains two major parts intended to accelerate housing production over the next five years by streamlining permitting and ensuring no net loss in housing...more

Court Orders City to Cure Internal Inconsistency in Richmond General Plan Created by Citizen-Sponsored Ballot Initiative

In a case of first impression published on October 25, 2019, Denham, LLC v. City of Richmond, Cal.App.5th __ (2019) (Case No. A154759), the First District Court of Appeal agreed with a trial court that a ballot initiative...more

Housing Crisis Act Passes in California Legislature, Will be Signed by Governor Newsom

Senate Bill 330, known as the Housing Crisis Act of 2019 and authored by State Senator Nancy Skinner (D-Berkeley), passed the California legislature on Friday, September 6, 2019, with strong support from numerous...more

Report Shows That Local Land Use Regulations Play a Key Role in Impeding Development of New Multi-Family Housing in California

According to traditional urban economic models, developers in well-functioning housing markets will choose to build apartments where land is expensive and housing demand is strong....more

Attorney General Opines that Cities May Not Condition the Grant of a Density Bonus on the Payment of a “Public Benefit Fee”

California’s ongoing housing crisis has many causes, including, as prominently noted in the Housing Accountability Act, the “activities and policies of many local governments that limit the approval of housing, increase the...more

“Housing Crisis Act” Introduced to Impose Substantial Limits on Local Land Use and Zoning Controls and Expedite Housing Production...

Declaring there to be a statewide housing emergency, California state Senator Nancy Skinner (D-Berkeley) introduced Senate Bill 330, on February 19, 2019, to suspend certain regulatory restrictions on the development of new...more

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