By Matthew Hinks In most instances, causes of action for inverse condemnation and regulatory takings in California are governed by the 5-year statute of limitations of Civil Procedure Code §§ 318 and 319. Preemption claims are governed by the 3-year statute of limitations of Civil Procedure Code § 338(a). Section…
by Matthew Hinks Court judgments finding a regulatory taking are relatively rare. So too are decisions upholding the oft-heard complaint of “spot zoning”. In the recent case of Avenida San Juan Partnership v. City of San Clemente, 201 Cal.App.4th 1256 (2011), the court (and the plaintiff) hit the daily double.…
Ben Reznik and Sheri Bonstelle In a blow to the more than 400 redevelopment agencies in California, the California Supreme Court issued an opinion today upholding the constitutionality of AB1X26, the Dissolution Bill and finding AB1X27, the Pay for Continuation Bill, unconstitutional in the California Redevelopment Agencies v. Matosantos case.…
Neill Brower A recent court decision upheld the use of multiple scenarios in a traffic analysis in an environmental impact report (“EIR”) for a redevelopment project. On November 22, 2011, the Sixth District of the California Court of Appeal certified for publication its decision in Pfeiffer v. City of Sunnyvale…
Neill Brower A recent court decision has already changed the way many public agencies evaluate traffic impacts in analysis reports prepared to satisfy the California Environmental Quality Act (“CEQA”). On December 16, 2010, the Sixth District of the California Court of Appeal issued its decision in Sunnyvale West Neighborhood Association…