Coastal Commission Public Access Condition Held Invalid

By:  Sean M. Sherlock On October 23, 2014, the California Court of Appeal invalidated a coastal development permit condition requiring a property owner to dedicate an easement for public access across her property.  The case relied in part on U.S. … Continue reading

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Legislature Expands CEQA to Require Tribal Consultation

By Sean M. Sherlock and Brian Daluiso On September 25, 2014, Governor Edmund G. Brown, Jr., signed Assembly Bill No. 52 (“AB 52”) into law. The new law expands the California Environmental Quality Act (“CEQA”) to provide that any public … Continue reading

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Time to Dust Off California Water Law On Development Moratoria

by Sean M. Sherlock and Katherine McKitterick As the California drought continues, the state’s need for a solution intensifies.  Last month Governor Brown signed into law a series of bills creating a new regulatory program for groundwater extraction.  In November, … Continue reading

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Property Owner Waives Right to Challenge Permit Conditions

by Sean M. Sherlock Note:  The California Supreme Court granted review in this case on December 10, 2014.  As such, the case is not citable precedent, and may be reversed in whole or part. In a new case out of San … Continue reading

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California Bill Would Permit Employees to Record Liens for Alleged Unpaid Wages

During the last couple of legislative sessions, union interests have been working with California legislators to pass a bill that would enable employees to record liens against their employers’ real property, as well as against the real property where their … Continue reading

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“CEQA-in-Reverse” Case Headed for the California Supreme Court

Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California Environmental Quality Act (CEQA). Rick McNeil, Jon Frank and Connie Bak discuss how … Continue reading

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“Takings” Decision Raises State Law Questions

Originally published in the Los Angeles Daily Journal In a 5-4 decision authored by Justice Alito, the U.S. Supreme Court last week expanded the scope of private property right protections in a takings case which held that a local land … Continue reading

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CEQA Reform Update

In January of this year I offered some thoughts on sensible reform of the California Environmental Quality Act (“CEQA”)—A Sensible Proposal for CEQA Reform (1/16/13). Now that the deadline has passed for the legislators to introduce their bills, we have … Continue reading

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Hope on the Horizon for Proposition 65 Reform?

by Colin Higgins Many Orange County businesses have experienced first-hand the frustration of receiving a 60-day (presuit) notice letter under Proposition 65 alleging that the business failed to provide legally-required warnings to its customers or the public. Recently introduced legislation … Continue reading

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