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California Land Use Law & Policy Reporter

June 2019

Volume 28, Number 9 June 2019




California Attorney General Issues Opinion Clarifying Limitations of Local Ordinances on State Density Bonus Law256


Circuit Court of Appeals:

Ninth Circuit Halts Motorized Traffic in Southeastern Oregon’s High Desert in the Face of NEPA, FLPMA and Wilderness Act Challenges258

Oregon Natural Desert Association v. Rose, 921 F.3d 1185 (9th Cir. 2019).

Ninth Circuit Revives Environmental Groups’ NEPA Challenge to Department of Agriculture’s Gray Wolf Killing Policy259

Western Watersheds Project et al. v. Todd Grimm et al., ___F.3d___, Case No. 18-35075 (9th Cir. Apr. 23, 2019).


Supreme Court:

California Supreme Court Upholds San Francisco Ordinance Requiring

Wireless Phone Service Providers to Obtain Permits to Maintain Lines and Equipment in Public Rights-of-Way262

T-Mobile West LLC v. City and County of San Francisco, ___Cal.5th___, 438 P.3d 239, Case No. S238001 (Cal. Apr. 4, 2019).

District Court of Appeal:

Second District Court Holds Inquiries Related to Potential Development Insufficient to Justify Ordinance Imposing Moratorium on Charter


California Charter Schools Association v. City of Huntington Park, ___Cal.App.5th___, Case No. B284162 (2nd Dist. Apr. 25, 2019).

Third District Court Rejects Challenge to Project Approvals on Statute of Limitations Grounds265

Harris v. City of Woodland, Unpub., Case No. C087349 (3rd Dist. Apr. 23, 2019).

Third District Court Rejects Challenge to City of Los Angeles’ Authority and Process by Which it Issues Use Variances267

McQuiston v. City of Los Angeles, Unpub., Case No. B285686 (3rd Dist. Apr. 17, 2019).

Sixth District Court Finds School District that Adopts Prospective, Districtwide Impact Fees on Development, Establishes Reasonable Relationship When Following Needs Analysis268

Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District, ___Cal.App.5th___, Case No. H045470 (6th Dist. Apr. 26, 2019).

First District Court Holds No Brown Act Claim Exists Where City Commits to Stop Alleged Wrongful


Transparentgov Novato v. City of Novato, ___Cal.App.5th___, Case No. A152324 (1st Dist. Apr. 10, 2019).