The California Land Use & Development Law Report
Legal Commentary on Planning and Development
We’ve posted articles to our California Land Use & Development Law Report on a development that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.
Pursuit of State Administrative Remedies Not Necessary to Obtain Final Decision for Federal Takings Claim
The U.S. Supreme Court held that property owners do not have to comply with state administrative processes to obtain a final decision before bringing a takings claim under 42 U.S.C. § 1983 when the government’s position is clear. Pakdel v. City and County of San Francisco, 594 U.S. __ (June 28, 2021). Petitioners were partial... Continue Reading…
Developer Established a Prima Facie Case That Project Opponents Lacked Probable Cause and Acted with Malice in Pursuing CEQA Litigation
A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted with malice. Dunning v. Johnson, 64 Cal. App. 5th 156 (2021). Clews Horse Ranch sued to challenge a decision by the City of San Diego... Continue Reading…
Sovereign Immunity Barred Quiet Title Suit Against Indian Tribe
The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. Self v. Cher-Ae Heights Indian Community, 60 Cal. App. 5th 209 (2021). The Cher-Ae Heights Indian Community of the Trinidad Rancheria is a federally recognized Indian... Continue Reading…
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