MSR Land Use & CEQA Developments Update for August 2016

Miller Starr Regalia’s Land Use & CEQA Developments Monthly Update   August 2016   Land Use Developments   August 4, 2016 – Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?   August 17, 2016 – By Basil “Bill”Shiber In A Condemnation Case, The Judge – Not Jury – Decides If A Dedication Requirement Meets Constitutional Muster   August 22, 2016 – Accidental Disclosure Of Public Records Does Not Waive The Attorney-Client And Attorney Work Product Privileges   August 23, 2016 – By Basil “Bill”Shiber California Supreme Court Salvages Precondemnation Entry Statute by Reforming to Include Right to Jury   August 26, 2016 – Court Denies Preliminary Injunction and Terminates Temporary Restraining Order, Allowing Imposition of Level 3 School Impact Fees   August 30, 2016 – Court Affirms Preliminary Injunction Against Medical Marijuana Collective     CEQA Developments   August 1, 2016 – First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental Misinterpretation of SB 375   August 12, 2016 – Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing   August 15, 2016 – Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden Railroad Trestle Is Not Historical Resource   August 18, 2016 – “CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose   August 24, 2016 – Statutory CEQA Reform Proposal (SB 122) Reemerges With Optional Expedited Record Preparation Provisions Unchanged; Fleshes Out OPR Electronic Database Placeholder; And Drops Controversial Effort To Provide Public Review Period for Final EIRs   August 26, 2016 – Supreme Court Depublishes Quirky Fourth District CEQA/General Plan Decision     About the Authors       Bryan W. Wenter, AICP   Bryan W. Wenter is a shareholder in Miller Starr Regalia’s Walnut Creek office and a member of the firm’s Land Use Practice Group. His areas of expertise include general plans and specific plans, planned development zoning, vested rights, subdivision maps, development impact fees and exactions, conditional use permits, variances, initiatives and referenda, RLUIPA, CEQA, Ralph M. Brown Act, and Public Records Act. He previously served as City Attorney and Assistant City Attorney for the City of Walnut Creek.     Arthur F. Coon   Arthur F. Coon is the Co-Chair of Miller Starr Regalia’s Land Use Practice Group and Chair of its Appellate Practice Group. Art has distinguished himself over a nearly 30-year career as a top CEQA and land use law litigator at the trial and appellate levels of both federal and state courts, including an appearance as counsel of record before the U.S. Supreme Court. His areas of expertise include land use, environmental law, the law of public agencies, extraordinary writs, and the California Environmental Quality Act (CEQA).       Miller Starr Regalia Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for more than fifty years.  For nearly all that time, our firm has written Miller & Starr, California Real Estate 4th, a 12-volume encyclopedia on California real estate law.  We call it “the Book.”  The Book is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state.  Our firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, common interest development, construction, management, title insurance, environmental law, and redevelopment and land use.  For more information, visitwww.msrlegal.com. Walnut Creek 1331 N. California Blvd. Fifth Floor Walnut Creek, CA 94596 Phone:  925.935.9400 San Francisco 153 Townsend St. Suite 610 San Francisco, CA 94107 Phone:  415.638.4800       Newport Beach 4695 MacArthur Court Eleventh Floor Suite 1108A Newport Beach, CA 92660 Phone:  949.719.2960 Facebook       Twitter       LinkedIn