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Kirk v. City of Morgan Hill
Penal Code Section 25250, requiring theft or loss of gun to be reported within 5 days did not preempt local ordinance that required reporting within 48 hours.
Municipal Law 6DCA Oct. 4, 2022
CV Amalgamated LLC v. City of Chula Vista
City failed to follow its ministerial duty to follow its own procedures set forth in cannabis ordinance when it rejected storefront license applications in phase one of the application process for failure to score high enough.
Municipal Law 4DCA/1 Aug. 17, 2022
Plata v. City of San Jose
Municipal water customers' claim against the water company regarding the legality of its tiered rate structure required proper, satisfactory presentation of those claims as detailed under the Government Claims Act.
Municipal Law 4DCA/3 Feb. 4, 2022
Tran v. County of Los Angeles
Statutory thirty-day limit imposed on Los Angeles Board of Supervisor's review was a mandatory limit rendering the Board's failure to take timely action an affirmation of the reviewed decision.
Municipal Law 2DCA/2 Jan. 24, 2022
Modification: Citizens for South Bay Coastal Access v. City of San Diego
After Commission certifies local government's land use plan, it delegates authority over coastal development permits to local government; thus, state law did not preempt city's municipal code.
Municipal Law 4DCA/1 Mar. 17, 2020
Citizens for South Bay Coastal Access v. City of San Diego
After Commission certifies local government's land use plan, it delegates authority over coastal development permits to local government; thus, state law did not preempt city's municipal code.
Municipal Law 4DCA/1 Feb. 20, 2020
Lateef v. City of Madera
Madera Municipal Code Section 10-3.1310(E) does not emphasize those voting, but rather the number of votes required to overturn the denial of an application for a use permit.
Municipal Law 5DCA Feb. 19, 2020
City and County of San Francisco v. The Regents of the University of California
Charter cities may require state agencies to assist in collection and remittance of municipal taxes; thus, City's tax collection requirement was valid exercise of its power from which universities were not immune.
Municipal Law CASC Jun. 21, 2019
Boatworks, LLC v. City of Alameda
Trial court erred in ruling City could not treat certain areas as parks, in order to analyze development impact fees needed to support new development.
Municipal Law 1DCA/4 May 17, 2019
California Charter Schools Assn. v. City of Huntington Park
Mere inquiries, requests, and meetings are not sufficient to show current and immediate threat to public health, safety and welfare in order to adopt an urgency ordinance under Government Code Section 65858.
Municipal Law 2DCA/3 May 17, 2019
Save Lafayette Trees v. City of Lafayette
Municipal Code Section 6-236's 180-day statute of limitations is preempted by Section 65009's 90-day bar, when considering decisions by local agencies made pursuant to the planning and zoning law.
Municipal Law 1DCA/3 Oct. 25, 2018
Westsiders Opposed v. City of Los Angeles
Charter cannot be construed as restricting municipal power without clear mandate in the charter itself; thus, amendment of the General Plan was not barred by the City Charter.
Municipal Law 2DCA/8 Oct. 3, 2018
Modification: Citizens Coalition Los Angeles v. City of Los Angeles
CEQA's Section 21166 applies where City created new subzone, and moved a proposed project into that subzone because the prior environmental documents retained relevance in light of the proposed changes.
Municipal Law 2DCA/2 Sep. 17, 2018
Citizens Coalition Los Angeles v. City of Los Angeles
CEQA's Section 21166 applies where City created new subzone, and moved a proposed project into that subzone because the prior environmental documents retained relevance in light of the proposed changes.
Municipal Law 2DCA/2 Aug. 27, 2018
Lamar Advertising Co. v. County of Los Angeles
Under state law re-erection of billboard is not 'customary maintenance;' may be interfered with by local authority.
Municipal Law 2DCA/8 May 10, 2018
J. Arthur Properties, II, LLC v. City of San Jose
City properly deems marijuana collective does not qualify as 'medical office,' under municipal code definition; cannot qualify as legal nonconforming use.
Municipal Law 6DCA Mar. 20, 2018
Don't Cell Our Parks v. City of San Diego
Denial of petition challenging city’s authorization of construction in public park affirmed where city charter gives city discretion to determine whether project constitutes change requiring vote.
Municipal Law 4DCA/1 Mar. 19, 2018
Modification: City of Montclair v. Cohen
City or county designated housing successors for former redevelopment agencies that report to, are components of, or are controlled by city or county are not eligible for housing entity cost allowance.
Municipal Law 3DCA Mar. 2, 2018
Save Lafayette v. City of Lafayette
Judgment denying referendum reversed and remanded where referendum challenging enactment of zoning ordinance does not enact zoning inconsistent with general plan.
Municipal Law 1DCA/4 Feb. 23, 2018
City of Montclair v. Cohen
City or county designated housing successors for former redevelopment agencies that report to, are components of, or are controlled by city or county are not eligible for housing entity cost allowance.
Municipal Law 3DCA Feb. 7, 2018
Lippman v. City of Oakland
Judgment reversed where city violates California Building Code by authorizing single hearing officer, instead of appeals board, to hear appeal of citations administered by city building department.
Municipal Law 1DCA/4 Jan. 24, 2018
Clews Land & Livestock, LLC v. City of San Diego
Plaintiffs challenging city approval of development project fail to exhaust administrative remedies where plaintiffs fail to appeal environmental determination of officer to city council.
Municipal Law 4DCA/1 Jan. 10, 2018
Modification: Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval.
Municipal Law 2DCA/3 Jan. 5, 2018
City of Anaheim v. Cohen
Department of finance's use of the 2011 dissolution law to deny city's request for funds unconstitutionally impairs private developer's contractual rights .
Municipal Law 3DCA Dec. 21, 2017
Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval.
Municipal Law 2DCA/3 Dec. 6, 2017
Modification: Kennedy Commission et al. v. City of Huntington Beach et al.
Government Code Section 65454, which prohibits a municipality from amending a specific plan unless consistent with the general plan, does not apply to a charter city unless adopted by charter or ordinance.
Municipal Law 4DCA/2 Nov. 22, 2017
San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego
Lawsuit challenging City of San Diego's issuance of bonds to finance baseball stadium in Petco Park erroneously dismissed for lack of standing.
Municipal Law 4DCA/1 Nov. 10, 2017
Kennedy Commission et al. v. City of Huntington Beach et al.
Government Code Section 65454, which prohibits a municipality from amending a specific plan unless consistent with the general plan, does not apply to a charter city unless adopted by charter or ordinance.
Municipal Law 4DCA/2 Nov. 2, 2017
Harrington v. City of Davis (LeBlanc)
Neighbor fails to challenge city's approval of conditional use permit allowing for continued use of residence located in changing neighborhood as professional office space.
Municipal Law 3DCA Oct. 23, 2017
City of Vallejo v. NCORP4, Inc.
Requirement that medical marijuana dispensaries only qualify for public nuisance law immunity if they had paid past business taxes is proper exercise of city’s land use and police power.
Municipal Law 1DCA/3 Oct. 2, 2017