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California Land Use Law & Policy Reporter

April 2010

Volume 19, Number 7 April 2010


Legal Uncertainly: Local Regulation of Medical Marijuana Collectives

by Mona G. Ebrahimi, Esq., Kronick Moskovitz Tiedemann 203


Proposed Initiatives for the November 2010 Ballot to Enact ‘California Job and Housing Act’ to Amend CEQA Initiatives 10-008 to 10-011208


California Fish and Game Commission Lists the California Tiger Salamander as a Threatened Species210


Citizen Groups File Lawsuit Challenging Construction of Sunrise Powerlink Transmission Line Project in Imperial Valley and San Diego County212


Supreme Court:

Supreme Court Finds Agency Erred in Using Maximum Permitted Operational Levels as Baseline in Determination that Project Would Have a Significant Environmental Impact215

Communities for a Better Environment v. South Coast Air Quality Management District, et al., ___Cal.4th___ Case No. S161190 (March 15, 2010).

District Court of Appeal:

Second District Holds City May Impose Fee for an Appeal to Project Approval Based on an Addendum to a Negative Declaration217

Friends of Glendora et al. v. City of Glendora et al., ___ Cal.App.4th___, Case No. B215114 (2nd Dist. March 1, 2010).

Second District Finds County Erred in Calculating School District’s Pass-Through Payments under Health and Safety Code Section 33607.5218

Los Angeles Unified School District v. County of Los Angeles, 181 Cal.App.4th 414 (2nd Dist. 2010).

First District Court Holds City’s Agreement to Provide Municipal Services to Proposed Tribal Casino Not a ‘Project’ under CEQA220

Parchester Village Neighborhood Council v. City of Richmond, ___Cal.App.4th___, Case No. A123859 (1st Dist. Feb. 24, 2010).

First District Finds Prevailing Party Landlord Was Not Entitled to Attorney’s Fees in Action against City under Local Rent Stabilization Ordinance222

Woodland Park Management, LLC v. City of East Palo Alto Rent Stabilization Board, ___Cal.App.4th___, Case No. A124154 (1st Dist. Feb. 1, 2010).

Superior Court:

Sacramento Superior Court Issues Writ to Set Aside Approval of Delta Shores Project for Failure to Adequately Analyze Health Risks223

Stone Lakes National Wildlife Refuge Association, et al. v. City of Sacramento, et al., Case No. 34-2009-80000166-CU-WM-GDS, Feb. 11, 2010, (Sac. Super. Ct).

Alameda County Superior Court Decision Could Have Wide-Ranging Impact on Local Governments’ Obligations to Provide Fair-Share of Housing Units225

Urban Habitat Program v. City of Pleasanton, Case No. RG06-293831, March 12, 2010 (Alameda Super. Ct.).