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California Land Use Law & Policy Reporter

April 2014

Volume 23, Number 7 April 2014


Endangered Species Act Congressional Working Group Issues Report, Recommends Changes191

City of Los Angeles Cites Climate Change Impacts in Approving Fracking Moratorium193


Landowners File Federal Takings Suit against the Army Corps, Seeking Compensation for Damages Caused by Flooding195


Circuit Court of Appeals:

Ninth Circuit Rejects Challenge to High-Speed Rail Project in Hawaii197 v. Federal Transit Administration, ___F.3d___, Case No. 13-15277 (9th Cir. Feb. 18, 2014).

District Court:

District Court Addresses the Issue Whether Plaintiffs Destroyed Former Dry Cleaning Facility with Knowledge of Potential Environmental Problems to be Tried200

Bel Air Mart v. Arnold Cleaners, Inc., ___F.Supp.2d___, Case No. 2:10-cv-02392-MCE-EFB (E.D. Cal. Feb. 21, 2014).


District Court of Appeal:

Second District Court Finds Museum Remodel Exempt from CEQA—Denies Petition for Writ of Mandate202

Highland Park Heritage Trust v. City of Los Angeles, Case No. B242930, Unpub. (2nd Dist. Feb. 18, 2014).

First District Court Holds Caltrans EIR Failed to Properly Evaluate Impacts to Redwood Trees Adjacent to Highway204

Lotus v. California Department of Transportation, ___Cal.App.4th___, Case No. A137315 (1st Dist. 2014).

First District Court Determines Petitioner Has No Taxypayer or Public Interest Standing to Challenge City’s Allocation of Special Sales Tax Funds206

Reynolds v. City of Calistoga, et al., ___Cal.App.4th___, Case No. A136502 (1st Dist. Feb. 3, 2014).

First District Court Finds Hearsay Evidence in and of Itself Cannot Support a Finding of Fact by the California Public Utilities Commission207

The Utility Reform Network v. California Public Utilities Commission, ___Cal.App.4th___, Case No. A138701 (1st Dist. Feb. 5, 2014).

When Is a Subdivision Not a Subdivision?—Second District Court Addresses Los Angeles’ Municipal


Tower Lane Properties v. City of Los Angeles, ___Cal.App.4th___, Case No. B244092 (2nd Dist. Feb. 28, 2014).

Second District Court Rejects Claim that Affordable Housing Restrictions Were Not Enforceable when City Did Not Inform Buyer that Units Were Income Restricted210

Tuthill v. City of San Buenaventura, ___Cal.App.4th___, Case No. B239668 (2nd Dist. Feb. 10, 2014).

Fourth District Court Reminds Litigants that In Local Government, It Pays to Cross Your ‘T’s and Dot Your ‘I’s212

Vargas v. Balz, 223 Cal.App.4th 1544 (4th Dist. 2014).