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California Land Use Law & Policy Reporter

June 2023

Volume 32, Number 9 June 2023


California’s First District Court of Appeal Affirms Remand Judgment that includes Housing Accountability Act Remedies Sought but Not Considered by Prior Court of Appeal Decision by Boyd Hill, Esq., Jackson Tidus, Irvine, California267


Department of Water Resources Approves 12 Groundwater Sustainability Plans for Non-Critically Overdrafted Basins270


U.S. Supreme Court:

U.S. Supreme Court Upends Current Wetlands Determinations—Sackett v. EPA272

Sackett v EPA, Case No. 21-454, ___U.S.___ (May 25, 2023).

Circuit Court of Appeals:

Ninth Circuit Holds City of Berkeley’s Natural Gas Piping Installation Ban within Newly Constructed Buildings is Preempted by Federal Law273

California Restaurant Association v. City of Berkeley, 65 F.4th 1045 (9th Cir. 2023).

Ninth Circuit Finds FAA Failed to Take Requisite ‘Hard Look” under NEPA at Noise Impacts from Airport Terminal Replacement Project275

City of Los Angeles v. Federal Aviation Administration, ___F.4th___, Case No. 21-71170 (9th Cir. Mar. 29, 2023).


District Court of Appeal:

Third District Court Finds Reimbursement Agreements between City and Former Redevelopment Agency were ‘Enforceable Obligations’ Surviving Dissolution Laws277

City of Chula Vista v. Stephenshaw, ___Cal.App.5th___, Case No. C094237 (3rd Dist. Apr. 14, 2023, Modified May 10, 2023).

First District Court Reverses Granting of Anti-Slapp Motion by Named Real Party in Interest Who Objected to the Project and Its Environmental Re-


Durkin v. City and County of San Francisco, ___Cal.App.5th___, Case No. A163639 (1st Dist. Apr. 14, 2023).

Second District Court Affirms Denial of Motion to Intervene by the California Coastal Commission in Challenge to Coastal Development Permit for Off Highway Vehicles281

Friends of Oceano Dunes v. California Coastal Commission, ___Cal.App.5th___, Case No. B320491 (2nd Dist. Apr. 20, 2023).

Sixth District Court finds City’s Failure to Timely Make Mitigation Fee Act Five-Year Findings Necessitates Refund of Unexpended In-Lieu Parking


Hamilton & High, LLC v. City of Palo Alto, 89 Cal.App.5th 528 (6th Dist. 2023).