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HTMLCEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage repair and site revegetation. The decision addressed various CEQA issues, including the environmental baseline determination, the...

 

HTMLSacramento Kings Win Again; Second CEQA Challenge Rejected
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges brought under CEQA to certification of an EIR and approval of a project to build a new arena in downtown Sacramento. The project involves a...

 

HTMLWhen the Keyboard is Mightier than the Sword: Mandatory Online Resolution of Strata Disputes
Craig Shirreff; McCarthy Tétrault LLP;
Legal Alert/Article
March 26, 2015, previously published on March 16, 2015
As readers of this blog will know, as a result of changes implemented by the Land Title and Survey Authority on November 1, 2012, almost all documents and plans submitted to the land title office for registration must now be submitted electronically. Recently, there has been a similar significant...

 

HTMLShooting Ranges Permissible Under Definition of Private Recreation in Zoning Code
Emily Perkins; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
March 24, 2015, previously published on February 2015
In Platform I Shore, LLC v. Village of Lincolnwood, 2014 IL App (1st) 133923, the First District Appellate Court held that a shooting range was a permitted use under the plain and unambiguous language of the Village's zoning ordinance. This case illustrates that regardless of whether a particular...

 

HTMLStanding to Sue: When May a Property Owner Bring Suit to Restrain Zoning Violations?
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on February 27, 2015
Municipal zoning ordinances are intended to promote the common good and general welfare of a community. They protect property owners, and the community at large, by restricting the manner in which property may be used. It is the responsibility of municipalities to enforce zoning, but sometimes...

 

HTMLZoning and the Fifth Amendment: When do Zoning Regulations “Go Too Far”?
Scott H. Hogan, Julie C. LaVille; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on March 6, 2015
The Michigan Court of Appeals recently rejected a landowner’s challenge of a zoning restriction as a regulatory taking requiring just compensation under the Fifth Amendment. In Grand/Sakwa of Northfield, LLC v. Twp. of Northfield, 304 Mich. App. 137, 851 N.W.2d 574 (Mich. Ct. App. 2014), the...

 

HTMLLocality Challenges US Army Corps of Engineers' Permit Process
Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
March 16, 2015, previously published on February 16, 2015
According to reports, another lawsuit has been filed in Louisiana by a locality seeking to stop fracking within its boarders. This time, the United States Corps of Engineers has been sued in the United States District Court for the Eastern District of Louisiana for its permit approval of hydraulic...

 

HTMLCurrent Market Trends Impacting Inclusionary Zoning
Elizabeth C. Geare; Lerch Early Brewer Chartered;
Legal Alert/Article
March 9, 2015, previously published on February 9, 2015
“Inclusionary zoning” refers to municipal ordinances that require a percentage of new residential construction to be made affordable. Montgomery County’s Moderately Priced Dwelling Unit (MPDU) Program was the first inclusionary zoning ordinance in the country and differs from...

 

HTML2015 Real Property Taxes: Deadlines Approach for Commercial Property Owners
Christopher M. Ruhlen; Lerch Early Brewer Chartered;
Legal Alert/Article
March 9, 2015, previously published on January 27, 2015
Commercial real estate continues to be subject to disproportionately high assessments, which ignore prevailing market conditions in the industry to the benefit of local tax bases. This has resulted in inequitable tax burdens for many owners, who continue to struggle with high vacancy rates and soft...

 

HTMLBeware of Citizen Suits for Storm Water Violations
Albert M. Cohen; Loeb & Loeb LLP;
Legal Alert/Article
February 26, 2015, previously published on February 2015
In recent months several private organizations have sent letters to California businesses informing them that they are in violation of their storm water permits and threatening to sue them under the citizen suit provision of the Clean Water Act, which authorizes private parties to enforce...

 


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