In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from imposing new impact fees in the future. The court reasoned such a provision constituted an
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REGISTRATION IS OPEN!! Abbott & Kindermann’s 23rd Annual Land Use, Real Estate, and Environmental Law Update
SAVE THE DATE!! Abbott & Kindermann’s 23rd Annual Land Use, Real Estate, and Environmental Law Update
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
EIR For Fuel Reduction Plan Allowing For Future Adaptive Management Strategies To Be Finalized In the Field Contained Sufficient Project Description and Level of Detail, Court Holds
CEQA Requires That An Infill Project Be Consistent With All Applicable General Plan Goals And Policies, A Less Flexible Application Of The Consistency Doctrine
An Agency’s Failure to Follow CEQA is Not a Defense to an Enforcement Action to Remove Encroachments
The Fifth Appellate District Holds Compliance with Housing Element Law Requires Establishing Zones Exclusively for Low-Income Housing
The Ninth Circuit Court of Appeals Held the City of Berkeley’s Prohibition of the Installation of Natural Gas Piping in New Construction is Preempted by Congress. (Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.)
The California Supreme Court Held Monterey County’s Prohibition of the Injection of Oil and Gas Wastewater into a Well for Underground Storage or Disposal is Preempted by Public Resources Code section 3106. (Chevron U.S.A. Inc. v. County of Monterey (2023) S271869.)
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