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California Land Use Law & Policy Reporter

June 2011

Volume 20, Number 9 June 2011


Zoning 420: California Land Use Law and Medical Marijuana Dispensaries by Bradley Brownlow, Cox, Castle 255


Award of Additional Federal Funds May Help Keep High-Speed Rail Moving Forward in California261


U.S. Fish and Wildlife Service Faces Suit to Compel Recovery Plans for Endangered California Amphibians262

U.S. Fish and Wildlife Service Agrees to Consider Listing Hundreds of Species as Endangered or Threatened263

U.S. Bureau of Land Management Publishes Notice of Rules to Protect Land for Renewable Energy Development from New Mining Claims264


Circuit Court of Appeals:

Ninth Circuit Upholds City’s Mobilehome Rent Control Ordinance and Implementing Guidelines266

Colony Cove Properties, LLC v. City of Carson, ___F.3d___, Case No. 09-57039 (9th Cir. Mar. 28, 2011).

Ninth Circuit Upholds Bureau of Land Management’s Decision to Keep Lands Open to Off-Road Vehicle Use268

Gardner v. U.S. Bureau of Land Management, ___F.3d___, Case No. 09-35647 (9th Cir. Apr. 7, 2011).


District Court of Appeal:

California State Lands Commission Policy about Development of Tidelands Invalidated by Third District for Failure to Comply with State APA270

Bollay v. California Office of Administrative Law, 193 Cal.App.4th 103 (3rd Dist. 2011).

Sixth District Holds City’s Adoption of Detailed, but Conditional, Stadium Term Sheet Did Not Constitute ‘Approval’ of a Project under CEQA271

Cedar Fair, L.P., v. City of Santa Clara, ___Cal.App.4th___, Case No. H035619 (6th Dist. April 6, 2011).

Second District Rules that City of Los Angeles’ Voluntary Acquisition of Properties Did Not Create Condemnation Blight273

City of Los Angeles v. Superior Court of Los Angeles County, 194 Cal.App.4th 210 (2nd Dist. 2011).

Second District Upholds City’s Project EIR, Finding Substantial Evidence Supported Conclusions as to Water Quality and Groundwater Impacts275

Santa Monica Baykeeper v. City of Malibu, 193 Cal.App.4th 1538 (2nd Dist. 2011).

Fourth District Finds Payment of Taxes on Railway Easement Not An Element of a Prescriptive Easement Claim277

The Main Street Plaza v. Cartwright & Main, LLC, ___Cal.App.4th___, Case No. G043569 (4th Dist. Apr. 27, 2011).