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California Land Use Law & Policy Reporter

December 2022

Volume 32, Number 3 December 2022


California Court of Appeal Finds Construction of Los Angeles Metro’s

Regional Project Did Not Sufficiently Impair a Hotel to Result in a Compensable Taking by Bridget McDonald, Esq., Remy Moose Manley, LLP,



U.S. Department of the Interior Announces $210 Million for Drought

Resilience Projects in the West70


Circuit Court of Appeals:

Ninth Circuit Finds Interior’s Environmental Assessment for Coal Mine Expansion Project Violated NEPA by Failing to Provide Science-Based Methodology in its FONSI72

350 Montana v. Haaland, 50 F.4th 1254 (9th Cir. Oct. 14, 2022).

D.C. Circuit Issues Extraordinary Writ Relief Commanding EPA to Comply with Endangered Species Act73

In re: Center for Biological Diversity, ___F.4th___, Case No. 21-1270 (D.C. Cir. Nov. 22, 2022).

District Court:

D.C. District Court Grants Summary Judgment in Favor of Pipeline


Red Lake Band of Chippewa Indians v. U.S. Army Corps of Engineers, ___F.Supp.4th___, Case No. 20-3817, No. 21-0189 (D. D.C. Oct. 7, 2022).


District Court of Appeal:

Third District Court Affirms Lower Court Decision Upholding Legislatively Prescribed Traffic Impact Mitigation Development Fee78

George Sheetz v. County of El Dorado, ___Cal.App.5th___, Case No. C093682 (3rd Dist. Oct. 19, 2022).

Second District Court Finds Petition Adequately Alleged Brown Act Violation When a City Adopted a CEQA Exemption Without Listing It as an Agenda Item For at Least 72 Hours80

G.I. Industries v. City of Thousand Oaks, ___Cal.App.5th___, Case No. B317201 (2nd Dist. Oct. 25, 2022; modified Nov. 26, 2022).

Sixth District Court Upholds City’s Short-Term Rental Ordinance in the Face of Due Process


Hobbs v. City of Pacific Grove, ___Cal.App.5th___, Case No. (6th Dist. Oct. 14 2022; Partially Published Nov. 14, 2022).

Second District Court Finds City’s Building Permit Moratorium Enacted in Response to Owners Unlawful Home Demolishment Did Not Amount to a ‘Taking’ or an ‘Excessive Fine’84

LeMons v. City of Los Angeles, Unpub., Case No. BS165799 (2nd Dist. Oct. 27, 2022).

Second District Court Rejects Challenges to EIR Prepared for Rehabilitation and Hotel Redevelopment Projects86

Pasadena Civic Center Coalition v. City of Pasadena, Unpub., Case No. B313942 (2nd Dist. Oct. 31, 2022).

First District Court, Applying Severability Doctrine, Finds Challenge to Use-Fee Portion of Sewer Charge, and Not the Capacities Fee Portion, Doesn’t Create the Same Statute of Limitations89

Raja Development Co., Inc. v. Napa Sanitary District, ___Cal.App.5th___, Case No. A162256 (1st Dist. Nov. 8, 2022).

Third District Court Reverses Decision Allowing LAFCO to Require Future Annexations to City to Detach from County Fire District90

Tracy Rural County Fire Protection District v. Local Agency Formation Commission of San Joaquin County, ___Cal.App.5th___, Case No. C095083 (3rd Dist. Oct. 13, 2022).