Perkins Coie – CA Land Use & Development Law Report: Action to Invalidate Building Permit Barred by Failure to File Timely Challenge to Underlying Site Development Permit

 
 
The California Land Use & Development Law Report
Legal Commentary on Planning and Development

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Action to Invalidate Building Permit Barred by Failure to File Timely Challenge to Underlying Site Development Permit
In Citizens for Beach Rights v. City of San Diego, 10 Cal.App.5th 1301 (2017), the court of appeal held that a challenge to issuance of a building permit necessarily included a challenge to the validity of the underlying site development permit, which was barred by the 90-day statute of limitations in Government Code section 65009.

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Referendum that Leaves in Place Zoning That is Inconsistent With General Plan Upheld
Rejecting prior case law, the Sixth District Court of Appeal held that citizens may referend a zoning ordinance even when the result of doing so is to leave in place pre-existing zoning that is inconsistent with the general plan. City of Morgan Hill v. Bushey (6th Dist., No. H043426, May 30, 2017)

 
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