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California Environmental Quality Act Historical Landmarks

Miller Starr Regalia

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From...

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“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Statue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra Statue

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The Second District of the Court of Appeal on June 8 ordered publication of its May 12 opinion affirming the denial of a writ of mandate that challenged the City of Buenaventura’s removal and relocation of a statue of...more

Miller Starr Regalia

Historical Correction? Second District Holds City’s Policy Decision To Remove And Relocate “Offensive” Statue That Was Replica of...

Miller Starr Regalia on

In an opinion filed May 12, and later certified for publication on June 8, 2023, the Second District Court of Appeal (Div. 6) upheld the City of San Buenaventura’s decision to remove a bronze statue of Father Junipero Serra...more

Downey Brand LLP

Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building

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The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) __ Cal.App.5th __ upholding the City of San Jose’s certification of a final...more

Miller Starr Regalia

Sixth District Holds Downtown San Jose Office Project FSEIR’s Brief Discussion And Rejection of “Compensatory” Mitigation for...

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In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three...more

Perkins Coie

Agency Inaction Is Not a CEQA Project

Perkins Coie on

An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more

Perkins Coie

CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure

Perkins Coie on

The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more

Latham & Watkins LLP

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more

Perkins Coie

“Urban Decay” Not Reasonably Foreseeable Consequence Of Relocating Courts From Historic Downtown Courthouse

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Citing the likelihood of repurposing Placerville’s historic downtown courthouse and evidence nearby businesses were not dependent on it, the First District Court of Appeal held that “urban decay” was not a reasonably...more

Robinson & Cole LLP

Sale of Property for Secular Use Does Not Constitute “Religious Exercise”

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The Northern District of California recently dismissed RLUIPA claims filed by the California-Nevada Annual Conference of the Methodist Church (the “Conference”) against the City of San Francisco. The case revolves around the...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the...more

Stoel Rives LLP

Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

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Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment...more

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