FEATURE ARTICLE
251
LAND USE NEWS
California Attorney General Issues Opinion Clarifying Limitations of Local Ordinances on State Density Bonus Law256
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Halts Motorized Traffic in Southeastern Oregon’s High Desert in the Face of NEPA, FLPMA and Wilderness Act Challenges258
Oregon Natural Desert Association v. Rose, 921 F.3d 1185 (9th Cir. 2019).
Ninth Circuit Revives Environmental Groups’ NEPA Challenge to Department of Agriculture’s Gray Wolf Killing Policy259
Western Watersheds Project et al. v. Todd Grimm et al., ___F.3d___, Case No. 18-35075 (9th Cir. Apr. 23, 2019).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Upholds San Francisco Ordinance Requiring
Wireless Phone Service Providers to Obtain Permits to Maintain Lines and Equipment in Public Rights-of-Way262
T-Mobile West LLC v. City and County of San Francisco, ___Cal.5th___, 438 P.3d 239, Case No. S238001 (Cal. Apr. 4, 2019).
District Court of Appeal:
Second District Court Holds Inquiries Related to Potential Development Insufficient to Justify Ordinance Imposing Moratorium on Charter
Schools264
California Charter Schools Association v. City of Huntington Park, ___Cal.App.5th___, Case No. B284162 (2nd Dist. Apr. 25, 2019).
Third District Court Rejects Challenge to Project Approvals on Statute of Limitations Grounds265
Harris v. City of Woodland, Unpub., Case No. C087349 (3rd Dist. Apr. 23, 2019).
Third District Court Rejects Challenge to City of Los Angeles’ Authority and Process by Which it Issues Use Variances267
McQuiston v. City of Los Angeles, Unpub., Case No. B285686 (3rd Dist. Apr. 17, 2019).
Sixth District Court Finds School District that Adopts Prospective, Districtwide Impact Fees on Development, Establishes Reasonable Relationship When Following Needs Analysis268
Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District, ___Cal.App.5th___, Case No. H045470 (6th Dist. Apr. 26, 2019).
First District Court Holds No Brown Act Claim Exists Where City Commits to Stop Alleged Wrongful
Act271
Transparentgov Novato v. City of Novato, ___Cal.App.5th___, Case No. A152324 (1st Dist. Apr. 10, 2019).
LEGISLATIVE UPDATE273
