FEATURE ARTICLE
Second District Court of Appeal Affirms Denial of Zone Change Request—Finds Housing Project Did Not Qualify for the ‘Rezoning Exemption’ under the Housing Accountability Act by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento85
LAND USE NEWS
Governor Newsom Signs Major Climate Change Disclosure Laws for Corporate Accountability90
Governor Newsom Utilizes New Infrastructure Streamlining Law to Certify Judicial Streamlining of the Sites Reservoir Project91
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Fifth Circuit Tosses Army Corps’ Derelict Environmental Assessment under Section 404 of the Clean Water Act94
O’Reilly v. All State Fin. Co., ___F.4th___, Case No. 22-30608 (5th Cir. Oct. 12, 2023).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Court Affirms Judgment Upholding City’s Use of Class 31 Categorical Exemption to Approve Single Family Home Project96
Historic Architecture Alliance v. City of Laguna Beach, 96 Cal.App.5th 186 (4th Dis. 2023).
Sixth District Court Reverses Grant of Petition Challenging Desalination Project—Finds Support for Statement of Overriding Conditions98
Marina Coast Water District v. County of Monterey, ___Cal.App.5th___, Case Nos. H049416 & H049170 (6th Dist. Sept. 8, 2023).
Fourth District Affirms Denial of Anti-Slapp Motion In Brown Act LCourt itigation101
Mary’s Kitchen v. City of Orange, ___Cal.App.5th___, Case No. G061693 (4th Dist. Oct. 25, 2023).
First District Court Affirms Denial of Writ Petition Challenging Building Permit Ministerial Exemption for Accessory Agricultural Use103
Mission Peak Conservancy v. County of Alameda, ___Cal.App.5th___, Case No. A165954 (1st Dist. Oct. 16, 2023).
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Pacific Gas and Electric Company v. Superior Court of San Joaquin County, 95 Cal.App.5th 767 (3rd Dist. 2023).
Second District Court Rejects Certain CEQA Claims Challenging Mixed-Use Development—But finds City Must Perform Additional Mitigation Measures Analysis106
Point Molate Alliance et al., v. City of Richmond et al, v. City of Richmond, Unpub., Case Nos. A164906, A165758 (2nd Dist. Oct. 27, Modified Nov. 27, 2023).
2023 YEAR-END LEGISLATIVE WRAP UP108
