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California Land Use Law & Policy Reporter

April 2013

Volume 22, Number 7 April 2013


Infill Is the New Black: The California Environmental Quality Act Guidelines Get a Fashion-Forward Makeover191


Environmental Groups File Lawsuit Challenging Tahoe Regional Plan



Circuit Court of Appeals:

Federal Circuit Upholds Dismissal of Water District’s Takings Claim Seeking Compensation for Water Diverted for the Protection of Steelhead195

Casitas Municipal Water District v. U.S., ___F.3d___, Case No. 2012–5033 (Fed. Cir. Feb. 27, 2013).

Ninth Circuit Upholds Decision that No New Approval or NEPA Review Was Required to Restart Mining Operations197

Center for Biological Diversity v. Salazar, ___F.3d___, Case No. 3:09-CV-08207-DGC  (9th Cir. Feb. 4, 2013).

District Court:

District Court Dismisses Equal Protection Claims for Failure to Allege Separate Treatment by City in the Enforcement of Any Law or Regulation.198

Andy’s BP, Inc. v. City of San Jose, ___F.Supp.2d___, Case No. 12-CV-01631-LHK (N.D. Cal. Feb. 6, 2013).


District Court of Appeal:

Second District Finds Property Owner Required to Comply with Los Angeles Rent Stabilization Ordinance201

ABCO, LLC v. Eversley, ___Cal.App.4th___, Case No. B239347 (2nd Dist. Feb. 14, 2013).

Second District Holds that the ‘Unclean Hands’ Doctrine May Be a Defense to a Claim for Adverse Possession202

Aguayo v. Amaro, ___Cal.App.4th___, Case No. B231194 (2nd Dist. Feb. 14, 2013).

Third District Upholds County Ordinance Regulating the Cultivation of Medical Marijuana203

Browne v. County of Tehama, ___Cal.App.4th___, Case No. C068800 (3rd Dist. Feb. 6, 2013).

In the Wake of the California Supreme Court’s Decision in Matosantos, the Third District Follows Suit Affirming the Death of the California Redevelopment Agency206

California Redevelopment Association v. Matosantos, ___Cal.App.4th__, Case No. C064907 (3rd Dist 2013).

Sixth District Issues New Opinion Ruling U.C. Expansion Project EIR Invalid for Failure to Analyze Alternatives to Reduce Impacts on Water Supply208

Habitat and Watershed Caretakers v. City of Santa Cruz, et al., ___Cal.App.4th___, Case No. H037545 (6th Dist. Feb. 19, 2013).

Second District Decides to Publish Its Earlier Decision Upholding County’s Use of Project-Specific Significance Thresholds210

Save Cuyama Valley v. County of Santa Barbara, ___Cal.App.4th___, Case No. B233318 (2nd Dist. 2013).

Second District, in Unpublished Decision, Finds Water Agreement Recorded as Condition of Bank Loan Creates Appurtenant Easement212

Sylvester Winery v. Feichtinger, Case No. B235939, unpub., (2nd Dist. Feb. 19, 2013).