California Land Use Law & Policy Reporter
November 2024
Volume 34, Number 2
November 2024
LAND USE NEWS
Governor Signs into Law Bills Seeking to Hone and Clarify “Builder’s
Remedy” Law31
Room to Roam: Expanding the Scope of the Conservation Element of
General Plans32
California Settles with City of Elk Grove Over Violations of Affordable
Housing Acts34
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Raising CEQA Challenges Is Not Racketeering—Ninth Circuit Finds Challengers Were Insulated from Statutory Liability in Challenging Proposed Hotel Projects under CEQA36
Relevant Group, LLC v. Nourmand, 116 F.4th 917 (9th Cir. 2024).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Affirms Denial of Writ Challenging Porject under CEQA for Lack of Disability Accommodation40
Friends of the South Fork Gualala v. Department of Forestry and Fire Protection, ___Cal.App.5th___, Case No. A168163 (2nd Dist. Sept. 26, 2024).
Second District Affirms Denial of CEQA Challenge Against City’s Plan to Modernize Power Generation Facilities—Finds Destruction of Historic Structure Rendered Appeal Moot42
Glendale Residents Against Environmental Destruction v. City of Glendale et al., Unpub., Case No. B331601 (2nd Dist. Sept. 30, 2024).
Sixth District Court Finds Water Management District’s Water Supply Charge Did Not Constitute A “Special Assessment” under Prop 21844
Monterey Peninsula Taxpayers’ Association, Inc. v. Monterey Peninsula Water Management District, Unpub., Case No. H051128 (6th Dist. Oct. 2, 2024).
Third District Affirms Rejection of CEQA Challenge as Senate Bill No. 174 Exempts the Project Proposing Major Changes to the California State Capitol46
Save Our Capitol! v. Department of General Services, ___Cal.App.5th___, Case No. C101151 (3rd Dist. Oct. 7, 2024).
Fourth District Court finds Administrative Record Contained Substantial Evidence to Support City’s Use of Selected Greenhouse Gas Emission Thresholds in CEQA Challenge49
Upland Community First v. City of Upland, ___Cal.App.5th___, Case No. E078241 (4th Dist. 2024).
Third District Court Upholds Award of Costs for Preparation of the Administrative Record in CEQA Challenge51
Yolo Land and Water Defense et al. v. County of Yolo et al., ___Cal.App.5th___, Case No. CV2022-277 (3rd Dist. Sept 13, 2024, published Oct. 3, 2024).
LEGISLATIVE UPDATE53
