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Modification: The Regents of the University of California v. Superior Court (Parnassus Neighborhood Coalition)
UC Regents' construction plans for hospital were a governmental activity and therefore exempt from local building and zoning ordinances.
Municipal Law 1DCA/3 Jul. 3, 2024
San Pablo Ave. Golden Gate Improvement Assn. v. City Council of Oakland
Municipal enforcement regulations providing for public challenges to violative uses and existing nuisances did not provide a legal basis for challenging city planning department's prior zoning determination.
Municipal Law 1DCA/4 Jul. 2, 2024
Modification: Cohen v. Superior Court (Schwartz)
Overruling *Riley v. Hilton Hotels Corp,* appellate court determined that Government Code Section 3600(a) only allows the government, not private individuals, to prosecute municipal code violations.
Municipal Law California Courts of Appeal Jun. 21, 2024
The Regents of the University of California v. Superior Court (Parnassus Neighborhood Coalition)
UC Regents' construction plans for hospital were a governmental activity and therefore exempt from local building and zoning ordinances.
Municipal Law 1DCA/3 Jun. 17, 2024
Cohen v. Superior Court (Schwartz)
Overruling *Riley v. Hilton Hotels Corp,* appellate court determined that Government Code Section 3600(a) only allows the government, not private individuals, to prosecute municipal code violations.
Municipal Law 2DCA/4 Jun. 7, 2024
People ex rel. International Assn. of Firefighters v. City of Palo Alto
In quo warranto action, trial court's decision to fashion an alternative remedy rather than invalidate an unlawful measure was an abuse of discretion.
Municipal Law, Remedies 6DCA Jun. 5, 2024
Cajon Valley Union School District et al. v. Drager
Further redevelopment agency fund payments to school districts were not required after reaching cap set in pass-through agreement that predated January 1994 because the agency's plan was amended in 2007.
Municipal Law 3DCA May 20, 2024
Diamond S.J. Enterprise, Inc., DBA S. J. Live v. City of San Jose
Nightclub's facial attack on San Jose nuisance ordinances failed because the challenged provisions did not give city officials unbridled discretion that created a risk of censorship.
Constitutional Law, Municipal Law 9th May 1, 2024
Summerfield v. City of Inglewood
Inglewood did not create "dangerous condition" in Darby Park parking lot by failing to install security cameras because the absence of cameras did not create a substantial risk of being shot.
Municipal Law 2DCA/8 Oct. 27, 2023
Snowball West Investments v. City of Los Angeles
Government Code section 65589.5(j)(4) (Housing Accountability Act exemption) did not exempt developer's project from the requirement of a zone change.
Municipal Law 2DCA/4 Oct. 27, 2023
Modification: Lacy v. City and County of San Francisco
City of San Francisco had constitutional authority to expand electorate for school board elections to include resident noncitizen parents or guardians of school-age children.
Municipal Law 1DCA/5 Aug. 30, 2023
Airlines for America v. City and County of San Francisco
City was acting as a regulator, rather than as a market participant, when it required airlines seeking to use its airport to provide better health benefits to its employees.
Municipal Law 9th Aug. 30, 2023
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
Section 21 of the L.A. County Charter does not grant county counsel exclusive authority to settle appeals of discipline that are pending before the County Civil Service Commission.
Municipal Law 2DCA/1 Aug. 22, 2023
Lacy v. City and County of San Francisco
City of San Francisco had constitutional authority to expand electorate for school board elections to include resident noncitizen parents or guardians of school-age children.
Municipal Law 1DCA/5 Aug. 9, 2023
Chevron U.S.A., Inc. v. County of Monterey
Because Monterey County's Measure Z, which attempted to ban certain environmentally-unfriendly methods of gas and oil extraction, directly conflicted with state laws, it was preempted.
Municipal Law CASC Aug. 4, 2023
Lafayette Bollinger Development v. Town of Moraga
Although city's vague land-use designation violated Government Code Section 65302, trial court's issuance of writ requiring city's compliance with statute's requirements was sufficient.
Municipal Law 1DCA/1 Jul. 21, 2023
City of Hesperia v. Lake Arrowhead Community Services Dist.
Plaintiff city's writ request to stop solar project was barred by the doctrine of laches as its unreasonable delay in raising the project's eligibility issue unduly prejudiced defendant.
Municipal Law 4DCA/1 Jul. 13, 2023
Discovery Builders v. City of Oakland
Contractual provision ostensibly preventing the City of Oakland from imposing new impact fees on a development was invalid because it was an impermissible infringement of the City's inherent police power.
Municipal Law 1DCA/3 Jun. 23, 2023
Modification: Hamilton and High, LLC v. City of Palo Alto
Palo Alto's in-lieu parking fee, imposed to alleviate increased parking demands resulting from new developments, fell under the Mitigation Fee Act necessitating strict compliance with the statute's requirements.
Municipal Law 6DCA Apr. 19, 2023
Hamilton and High, LLC v. City of Palo Alto
Palo Alto's in-lieu parking fee, imposed to alleviate increased parking demands resulting from new developments, fell under the Mitigation Fee Act necessitating strict compliance with the statute's requirements.
Municipal Law 6DCA Mar. 22, 2023
Modification: Save Lafayette v. City of Lafayette
Multi-family housing development project application that was deemed completed in 2011 could be resumed and approved years later, despite the area being currently zoned for only single-family homes.
Municipal Law 1DCA/3 Dec. 19, 2022
Save Lafayette v. City of Lafayette
Multi-family housing development project application that was deemed completed in 2011 could be resumed and approved years later, despite the area being currently zoned for only single-family homes.
Municipal Law 1DCA/3 Dec. 2, 2022
Tracy Rural County Fire v. Local Agency Formation
County local agency formation commissions do not have statutory authority to initiate resolutions effectuating organizational changes including territory annexations or detachments to the city.
Municipal Law 3DCA Oct. 14, 2022
Today's IV, Inc. v. L.A. County Metropolitan Transportation Authority
Hotel owner had no cause of action for inverse condemnation against city's construction of an underground subway line as the impairment to the hotel's access was temporary, due to actual construction work, and not unreasonable.
Municipal Law 2DCA/8 Oct. 7, 2022
Kirk v. City of Morgan Hill
Penal Code Section 25250, requiring theft or loss of gun to be reported within 5 days did not preempt local ordinance that required reporting within 48 hours.
Municipal Law 6DCA Oct. 4, 2022
CV Amalgamated LLC v. City of Chula Vista
City failed to follow its ministerial duty to follow its own procedures set forth in cannabis ordinance when it rejected storefront license applications in phase one of the application process for failure to score high enough.
Municipal Law 4DCA/1 Aug. 17, 2022
Plata v. City of San Jose
Municipal water customers' claim against the water company regarding the legality of its tiered rate structure required proper, satisfactory presentation of those claims as detailed under the Government Claims Act.
Municipal Law 4DCA/3 Feb. 4, 2022
Tran v. County of Los Angeles
Statutory thirty-day limit imposed on Los Angeles Board of Supervisor's review was a mandatory limit rendering the Board's failure to take timely action an affirmation of the reviewed decision.
Municipal Law 2DCA/2 Jan. 24, 2022
Modification: Citizens for South Bay Coastal Access v. City of San Diego
After Commission certifies local government's land use plan, it delegates authority over coastal development permits to local government; thus, state law did not preempt city's municipal code.
Municipal Law 4DCA/1 Mar. 17, 2020
Citizens for South Bay Coastal Access v. City of San Diego
After Commission certifies local government's land use plan, it delegates authority over coastal development permits to local government; thus, state law did not preempt city's municipal code.
Municipal Law 4DCA/1 Feb. 20, 2020