California Land Use & Development Law Report — August 2014

  • by BPC Staff
  • on August 11, 2014
Legal Commentary on Planning and Development
We’ve posted an article to our California Land Use & Development Law Report on a major development that we think will be of interest to you, linked below. Our report publishes articles on recent legal and policy developments in the field of land use and permitting, and presents an easy way to keep current. You can choose to subscribe via email or RSS feed so that you don’t miss a single article.
By Marie Cooper on August 8th, 2014
Developers, project opponents, agencies and courts often lose the forest for the trees when considering CEQA issues. A prime example is the conflicting appellate authority and public debate on the question whether a city council’s adoption of a voter-sponsored initiative measure is subject to CEQA.

Tuolumne Jobs & Small Business Alliance v. Superior Court, S207173 (Supreme Court, July 7, 2014) the California Supreme Court answered “no” to this question, in a decision that brings some welcome common sense to the CEQA world. Rather than getting lost in the minutiae of deciding whether a council decision to adopt an initiative measure is ministerial, as the lower courts had done, the court simply ruled that the language and intent of the Elections Code preclude application of CEQA.

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