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California Land Use Law & Policy Reporter

July 2018

Volume 27, Number 10 July 2018




U.S. Fish and Wildlife Service Issues Guidance on Trigger for an Incidental Take Permit under Section 10 of the Endangered Species Act289


Federal Claims Court Finds EPA Improperly Used ‘Slag’ and ‘Kish’ Purchased by Plaintiff in Bankruptcy Sale Amounting to a Fifth Amendment Tak-


Gadsden Industrial Park, LLC v. United States, ___F.Supp.3d___, Case No. 10-757L (Ct. Fed. Cl. May 18, 2018).

District Court Holds that City’s Decision to Prohibit Transport of Coal through Bulk Terminal Was Not Supported by Substantial Evidence293

Oakland Bulk & Oversized Terminal, LLC v. City of Oakland, ___F.Supp.3d___, Case No. 16-cv-07014-VC (N.D. Cal. May 15, 2018).


District Court of Appeal:

First District Court Finds Negative Declaration and Noise Analysis Sufficient for Youth Center Project295

Charles T. Jensen v. City of Santa Rosa, ___Cal.App.5th___, Case No. A144782 (1st Dist. May 1, 2018).

Fourth District Court Rules Housing Development Complied with the California Environmental Quality Act, Section 21167.4296

Endangered Habitats League, Inc. v. City of San Marcos, Unpub., Case No. D072404 (4th Dist. May 3, 2018).

Second District Court Finds Reconstruction of Billboard Following Windstorm Not Immune from Local Land Use Regulation299

Lamar Advertising Company v. County of Los Angeles, 22 Cal.App.5th 1294 (2nd Dist. 2018).

Second District Court Holds Change in Zoning Following Writ Judgment Does Not Preclude Petitioners from Obtaining Attorney’s Fees301

La Mirada Avenue Neighborhood Association of Hollywood v. City of Los Angeles, ___Cal.App.5th___, Case No. B282137 (2nd Dist. May 3, 2018).

Fifth District Court Affirms County Decision to Allow Freestanding Communications Facility as Faux Tree in the Face of Land Use Challenges302

Pepper Lane Neighbors For Environmental Protection v. County of Sonoma; GTE Mobilenet of California LP, Unpub., Case No. SCV-259297 (5th Dist. May 30, 2018).

Fourth District Court Finds City Transfer from Electric Utility Fund to General Fund Does Not Constitute a Tax Increase Requiring a Public Vote304

Webb v. City of Riverside, ___Cal.App.5th___, Case No. D073449 (4th Dist. May 4, 2018).