May 2012 Archives

Development Rights and CEQA Challenges: Court of Appeal Upholds 3-Year Tolling Agreement in CEQA Lawsuit - Cause of action governed by a 30-day limitations period

May 29, 2012

by Matthew Hinks

The California Legislature and the courts have recognized that challenges to the California Environmental Quality Act (CEQA), if allowed to drag on, would impede the decisions of public agencies regarding land use. For this reason, CEQA imposes very short limitations periods and requires CEQA cases be given priority in both the trial courts and the courts of appeal.

But in a potentially troubling new case, the California Court of Appeal explicitly blessed the type of unreasonable litigation delay the Legislature protected against in enacting CEQA.

Continue reading "Development Rights and CEQA Challenges: Court of Appeal Upholds 3-Year Tolling Agreement in CEQA Lawsuit - Cause of action governed by a 30-day limitations period" »

Litigant's Failure to Establish Basis for Property Tax Base Transfer Highlights the Need to Exercise Special Care in Administrative Proceedings to Ensure that Judicial Remedies are Preserved

May 22, 2012

By Matthew Hinks

May a property owner who sells property to a non-governmental entity as part of a government redevelopment project under the threat of eminent domain transfer the tax base of the original property to replacement property? Not on the record presented by the plaintiff in Duea v. County of San Diego, 204 Cal. App. 4th 691 (2012).

Continue reading "Litigant's Failure to Establish Basis for Property Tax Base Transfer Highlights the Need to Exercise Special Care in Administrative Proceedings to Ensure that Judicial Remedies are Preserved" »