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California Land Use Law & Policy Reporter

December 2020

Volume 30, Number 3 December 2020


Governor Newsom Issues Executive Order to Conserve 30 Percent of California Lands and Resources by 203069

Governor Newsom Signs Bill Granting CEQA Exemption for Disadvantaged Water System Projects70


California Public Utilities Commission Adopts Decision to Re-Start ‘ReMAT’ Program72


Circuit Court of Appeals:

Ninth Circuit Rejects NEPA Lawsuit Challenging EIS for Sheep Grazing Plan in Grizzly Bear Habitat74

Cottonwood Environmental Law Center v. U.S. Sheep Experiment Station, Unpub., Case 19-35511 (9th Cir. Oct. 28, 2020).

Ninth Circuit Denies En Banc Rehearing of Its Panel Decision in Pakdel, With Dissenting Judges Arguing the Order Violates the Recent Knick ‘Takings’ Decision75

Pakdel v. City and County of San Francisco, ___F.3d___, Case Number 17-17504 (9th Cir. Oct. 13, 2020).

Ninth Circuit Reverses District Court’s Dismissal of Constitutional Challenge to Simi Valley’s Ordinance Prohibiting Mobile Billboards77

Bruce Boyer v. City of Simi Valley, 978 F.3d 618 (9th Cir. 2020).


District Court of Appeal:

Second District Court Upholds Development Agreement, Which Granted an Exclusive License to Transport Cannabis in the City79

Cereceres v. City of Baldwin Park, Unpub., Case No. BC697871 (2nd Dist. Oct. 21, 2020).

Second District Court Panel Finds Tenants Adequately Pleaded Claims for Violations of Unfair Competition against Developer81

Los Angeles Tenants Union: Hollywood Local Action, et al. v. CRE-HAR Crossroads SPV, LLC, Unpub., Case No. B305255 (2nd Dist. Oct 23, 2020).

Second District Court Reverses Dismissal of Rate Structure Challenge under Proposition 218 for Failure to Exhaust Administrative Remedies84

Lucinda Malott v. Summerland Sanitary District, ___Cal.App.5th___, Case No. B298730. (2nd Dist. Oct. 19, 2020).

Sixth District Court Finds Appellant Failed to Timely Appeal from an Order Granting Anti-SLAPP Mo-


Reyes v. Kruger, 55 Cal.App.5th 58 (6th Dist. 2020).

First District Court Finds Neighborhood Association Failed to Prove an Implied Dedication of Trails on Undeveloped Private Property88

Tiburon/Belvedere Residents United to Support the Trails v. Martha Co., 56 Cal.App.5th 461 (1st Dist. 2020).

2020 Land Use Legislation Year-End Wrap Up90