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California Land Use Law & Policy Reporter

March 2016

Volume 25, Number 6 March 2016




State Water Resources Control Board Adopts Extended Emergency Water Conservation Regulation164


Court of Appeals:

Ninth Circuit Upholds Trust’s Approval of New Development in the Historic Presidio of San Francisco166

Presidio Historical Association v. Presidio Trust, ___F.3d___, Case No 13-16554 (9th Cir. Jan. 27, 2016).

Ninth Circuit Reverses District Court—Finds Historic Water Rights Did Not Give Father and Son Right to Trespass and Graze on Federal Land without Permit168

U.S. v. Estate of E. Wayne Hage et al., ___F.3d___, Case No. 13-16974 (9th Cir. Jan. 4, 2016).

District Court:

District Court Holds Caltrans Complied with Law in Approving Funds to Reintroduce Traffic to Mall in Fresno170

Bitters v. Federal Highway Administration, ___F.Supp.3d___, Case No 1:14-cv-01646 (E.D. Cal. Jan. 12, 2016).


District Court of Appeal:

Better Late than Never—Fourth District Court Addresses Attorney’s Fee Awards in CEQA Litigation and Alter Ego Liability172

Highland Springs Conference and Training Center v. City of Banning, ___Cal.App.4th___, Case No. E060915 (4th Dist. Jan. 26, 2016).

Third District Court Sets Aside Pest Eradication EIR for Improper Alternatives Analysis and Failure to Support a Project Change174

North Coast Rivers Alliance et al. v. Kawamura, ___Cal.App.4th___, Case No. C072067 (3rd Dist. Dec. 2, 2015, ordered published Jan. 4, 2016).

Third District Court Finds Department of Fish and Wildlife Strictly Liable in Action for Inverse Condemnation for Flood Damage175

Pacific Shores Property Owners Association v. California Department of Fish and Wildlife, 244 Cal.App.4th 12 (3rd Dist. 2016).

Second District Court Upholds Los Angeles City Ordinance Restricting Cultivation and Distribution of Medical Marijuana177

Safe Life Caregivers v. City of Los Angeles, ___Cal.App.4th___, Case No. B257809 (2nd Dist. Jan. 13, 2016).