The Los Angeles Superior Court’s decision in the case, Yes In My Back Yard, Sonja Trauss, and Janet Jha v. City of Los Angeles, provides important guidance to developers and local agencies on how to process housing development projects located on sites where the density permitted by the General Plan…
Articles Posted in Litigation
Alert: Major Changes to ADU Laws Permit Additional Units to Single and Multi-Family Buildings
by Daniel Freedman and Justin Anderson Substantial changes to state and local laws governing accessory dwelling units (“ADUs”) went into effect on January 1, 2020, and they have significant implications for single-family and multi-family property owners. ADUs are additional living quarters built within, or on the same lot as, the…
JMBM Files Lawsuit on Behalf of Coalition Challenging Ventura County Wildlife Corridor Ordinance Approved Without Environmental Review
LOS ANGELES — On behalf of the Ventura County Coalition of Labor, Agriculture and Business (CoLAB), Jeffer Mangels Butler & Mitchell LLP (JMBM) filed a lawsuit in Superior Court against the County of Ventura challenging a Wildlife Corridor Ordinance that rezones more than 160,000 acres and imposes complex new rules and…
California Appeals Court Upholds Legislative Workaround that Mooted CEQA Suit Targeting Development Project in Los Angeles
By Martin Stratte for Jeffer Mangels Butler & Mitchell LLP In August 2018, the California Court of Appeal decided Citizens Coalition Los Angeles v. City of Los Angeles, 26 Cal.App.5th 561 (2018), commonly referred to as “Target II,” which arose from a years-long challenge by citizen activist organizations to the…
State Agencies Cannot Use State Budgetary Uncertainties to Escape Mitigation Obligations under CEQA
By Neill Brower The California Supreme court determined the California State University (“CSU”) could not rely solely on earmarked appropriations from the State Legislature for payment of “fair share” mitigation fees the CSU determined necessary for full mitigation of impacts, and the absence of specific legislative appropriations for mitigation fees…
Residential Development in California: New Density Bonus Law Makes New Affordable Housing Difficult to Build
By Matthew Hinks Governor Brown signed into law on September 27, 2014, AB2222, which amends the State’s Density Bonus Law (“DBL”), Gov’t Code §§ 65915, et seq. to establish significant constraints upon the use of the incentives provided by DBL in connection with certain real estate developments. The main purpose…
Bowman v. California Coastal Commission: New California Court of Appeal Decision Holds that a Collateral Attack is no Substitute for Challenging a Condition Imposed upon the Issuance of a Quasi-Judicial Permit through a Direct Appeal
By Matthew Hinks Sometimes in land use law, the most impactful court holdings come from the simplest of cases. That may be the situation with the new California Court of Appeal decision in Bowman v. California Coastal Commission, issued by the court on March 18, 2014. Factual Background Walton Emmick…
Property Reserve, Inc. v. Superior Court: California Property Owners Secure Victory in New Eminent Domain Opinion
By Matthew Hinks In a victory for California property owners, the California Court of Appeal, on March 13, 2014, issued a new opinion holding that the State of California’s proposed entry onto hundreds of properties in Northern California for geological and environmental testing amounted to a taking under the state…
Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City’s Erroneous Interpretation of an Ordinance At Odds with its Historical Practice is Entitled to No Deference
By Matthew Hinks JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court’s published opinion will come as welcome relief to property owners who got caught in the bureaucratic mire when the…
Appellate Court Rules in Favor of Saudi Prince in Benedict Canyon Case
Appellate Court Rules in Favor of Saudi Prince in Benedict Canyon Case Rejects arguments that ordinance requires environmental review In the much publicized case of a Saudi Prince seeking to build his residential estate, a unanimous three-judge panel of the Court of Appeal published a decision in which it affirmed…