Justia Zoning, Planning & Land Use Opinion Summaries

Boulder County chose to develop "the Bailey Farm" into a public open-space park which would feature several ponds formed from abandoned gravel pits filled with groundwater. The County had to replace out-of-priority stream depletions caused by evaporation from those ponds. To meet this obligation, the County filed an application for underground water rights, approval of a plan for augmentation, a change of water rights, and an appropriative right of substitution and exchange. The water court dismissed the application without prejudice, and the County now appeals that judgment. The components of the County’s application were interdependent, such that approval of the application as a whole hinged on approval of the plan for augmentation, which in turn hinged on approval of the change of water rights. To ensure this change would not unlawfully expand the Bailey Farm's water rights, the County conducted a parcel-specific historical consumptive use (“HCU”) analysis of that right. The water court found this HCU analysis inadequate for several reasons and therefore concluded the County failed to carry its burden of accurately demonstrating HCU. The pivotal consideration in this case was whether the County carried its burden of proving HCU. Like the water court, the Supreme Court concluded it did not. The Court therefore affirmed the water court’s judgment on that basis. View "Cty. of Boulder v. Boulder & Weld Cty. Ditch Co." on Justia Law

The City of Poway (Poway) was known as the "City in the Country." Harry Rogers had operated a horse boarding facility called the Stock Farm in Poway, but he decided to close the Stock Farm and build 12 homes in its place (the Project). Having the Stock Farm close down impacted members of the Poway Valley Riders Association (PVRA), whose 12-acre rodeo, polo, and other grounds were across the street from the Stock Farm. Over the objections of the PVRA and others, Poway's city council voted unanimously to approve the Project under a mitigated negative declaration (MND). Subsequently, project opponents formed Preserve Poway (Preserve) and instituted this litigation, asserting the California Environmental Quality Act (CEQA) required an environmental impact report (EIR) to be prepared instead of an MND. The trial court ruled an EIR was necessary because there was substantial evidence that the Project's elimination of the Stock Farm may have a significant impact on Poway's horse-friendly "community character" as the "City in the Country." The Court of Appeal reduced the real issue in this case to not what was proposed to be going in (homes with private horse boarding), but what was coming out (the Stock Farm, public horse boarding). Project opponents contended that because Rogers obtained a conditional use permit to operate horse stables they have enjoyed using for 20 years, the public had a right under CEQA to prevent Rogers from making some other lawful use of his land. "Whether the Project should be approved is a political and policy decision entrusted to Poway's elected officials. It is not an environmental issue for courts under CEQA." The trial court's judgment was reversed insofar as the judgment granted as to an issue of community character. The judgment was also reversed insofar as the judgment directed the City of Poway to "set aside its adoption of the Mitigated Negative Declaration for the Tierra Bonita Subdivision Project located on Tierra Bonita Road in the City of Poway ('Project')"; "set aside its approval of Tentative Tract Map 12-002 for the Project"; and "not issue any permits for the subject property that rely upon the Mitigated Negative Declaration or Tentative Tract Map for the Project." Additionally, the judgment was reversed to the extent the judgment provided that the trial court "retain[ed] jurisdiction over the proceedings by way of a return to the peremptory writ of mandate until the court has determined the City of Poway has complied with the provisions of CEQA." The trial court was directed to enter a new judgment denying the petition for writ of mandate as to community character. In all other respects, the judgment was affirmed. View "Preserve Poway v. City of Poway" on Justia Law

The Association has successfully applied to the District’s Historic Preservation Review Board to have the former Spingarn Senior High School designated a historic landmark. Next to Spingarn is Langston Terrace, a 13-acre public housing complex built in the 1930s as segregated housing for African Americans. The Association now challenges the District's development of a streetcar program and Car Barn that would be centered in this neighborhood. The district court rejected the Association's claims in dismissals for failure to state a claim and summary judgment. The City Council passed the “Wire Acts” to allow the construction of aerial wires to supply streetcars with power: Transportation Infrastructure Emergency Amendment Act of 2010, D.C. Act 18-486; Transportation Infrastructure Congressional Review Emergency Act of 2010, D.C. Act 18-583; Transportation Infrastructure Amendment Act of 2010, D.C. Act 18-684 (codified at D.C. Code 9-1171(a)). Determining that the Association has standing, the court concluded that taking into account the Home Rule Act's, District. D.C. Code 1-201.02(a), 1-206.02(a), stated purpose, the Wire Acts do not violate an 1888 statute barring the District from authorizing telegraph, telephone, electric lighting or other wires, D.C. Code 34-1901.01. The court upheld that district court's dismissal of the Association's environmental impact statement (EIS) claim. The court rejected the Association's Equal Protection claim, concluding that the project and the associated site selection appear to have been facially neutral and to serve legitimate government purposes. Accordingly, the court affirmed the judgment. View "Kingman Park Civic Ass'n v. Bowser" on Justia Law

Study of the I-69 extension between Evansville and Indianapolis began in 1944. The 1991 Intermodal Surface Transportation Act designated a new route from Indianapolis to Memphis,, via Evansville as a “high priority corridor” for development. As the project progressed, the Federal Highway Administration (FHWA) divided the project into two “tiers” for environmental analysis. After the plans were finalized, construction work on the six sections of Tier 2 began; 90 percent of the work on the extension is complete. The FHWA and Indiana Department of Transportation issued a Draft Environmental Impact Statement for Tier 2, Section 4, in 2010. A Final Environmental Impact Statement and a Record of Decision issued in 2011. The agencies selected the final route and construction plan for Section 4 after reviewing 48 options and produced a record reflecting consideration of impact on historic sites, geological formations, and air-quality, among other factors. Pursuant to its obligations under the Endangered Species Act, the U.S. Fish and Wildlife Service engaged in consultation and issued a Biological Opinion regarding the possible impact of tree-clearing on the endangered Indiana bat. Opponents filed suit. After a lengthy period of inactivity by Plaintiffs, including several missed case management deadlines, the district court granted summary judgment upholding the approvals. The Seventh Circuit affirmed. View "Citizens for Appropriate Rural Roads v. Foxx" on Justia Law

The Board of Trustees of the California State University appealed a writ of mandate directing it to vacate its certification of an environmental impact report (EIR) prepared with respect to plans for the expansion of the California State University East Bay campus. The trial court agreed with plaintiffs-respondents City of Hayward and two local community groups, Hayward Area Planning Association and Old Highlands Homeowners Association, that the EIR failed to adequately analyze impacts on fire protection and public safety, traffic and parking, air quality, and parklands. In the Court of Appeal's initial opinion, it concluded that the EIR was adequate in all respects except that its analysis of potential environmental impacts to parkland was not supported by substantial evidence. The California Supreme Court granted review, and subsequently transferred the matter back to the Court of Appeal with directions to vacate its prior decision and reconsider the cause in light of "City of San Diego v. Board of Trustees of California State University' (61 Cal.4th 945 (2015)). After review of the parties’ supplemental briefing, the Court of Appeal reissued its opinion, and modified section 3(c) of the Discussion to reflect the holding of the Supreme Court in City of San Diego. View "City of Hayward v. Board Cal. State Univ." on Justia Law

The 14th District Agricultural Association and its Board of Directors administers the Santa Cruz County Fairground which, since 1941, has been the venue for various events, including equestrian and livestock events and the annual county fair. The trial court denied a petition for writ of mandate and complaint for declaratory and injunctive relief filed by appellants Citizens for Environmental Responsibility, Stop The Rodeo, and Eric Zamost, under the California Environmental Quality Act (CEQA). Appellants claimed the District violated CEQA by approving a notice of exemption (NOE) from environmental review for a rodeo held by real party in interest Stars of Justice, Inc., at the Fairground in October 2011. The exemption was pursuant to CEQA’s regulatory guidelines for a Class 23 categorical exemption for “normal operations of existing facilities for public gatherings.” Appellants contended the exemption was inapplicable because: (1) the rodeo project expressly included mitigation measures in the form of a Manure Management Plan, in effect acknowledging potential environmental effects; and (2) the unusual circumstances exception to categorical exemptions applied because storm water runoff flowed over the Fairground where cattle and horses defecate and into an already polluted creek. Finding no reversible error, the Court of Appeal affirmed. View "Citizens for Environmental etc. v. State ex rel. 14th Dist." on Justia Law

In 1976, the City of Santa Cruz sought to protect its urban forest by adopting the “Heritage Tree Ordinance,” which governs the protection of large trees and trees having other significance. The city later adopted the “Heritage Tree Removal Resolution,” which governs the removal of heritage trees. In 2013, the city amended both, concluding that these amendments were categorically exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000) because they assured the “maintenance, restoration, enhancement, and protection” of natural resources and the environment. Save Our Big Trees unsuccessfully sought a writ of mandate directing the city to set aside its amendments for failure to comply with CEQA. The court of appeal reversed, holding that the city had the burden to demonstrate with substantial evidence that the amendments fell within a categorical exemption to CEQA and failed to meet that burden. View "Save Our Big Trees v. City of Santa Cruz" on Justia Law

Trona is a sodium carbonate compound that is processed into soda ash or baking soda. Because oil and gas development posed a risk to the extraction of trona and trona worker safety, the Bureau of Land Management (BLM), which manages the leasing of federal public land for mineral development, indefinitely suspended all oil and gas leases in the mechanically mineable trona area (MMTA) of Wyoming. The area includes 26 pre-existing oil and gas leases owned by Barlow. Barlow filed suit, alleging that the BLM’s suspension of oil and gas leases constituted a taking of Barlow’s interests without just compensation and constituted a breach of both the express provisions of the leases and their implied covenants of good faith and fair dealing. The Federal Circuit affirmed the Claims Court’s dismissal of the contract claims on the merits and of the takings claim as unripe. BLM has not repudiated the contracts and Barlow did not establish that seeking a permit to drill would be futile. View "Barlow & Haun, Inc. v. United States" on Justia Law

The controversial “8 Washington Street Project,” a plan to develop waterfront land near the San Francisco Ferry Building, includes “Seawall Lot 351,” which is currently owned by the City and County of San Francisco through its Port Commission, subject to the public trust for uses benefiting the people of California. The public trust restriction on the use of Seawall Lot 351 is inconsistent with the 8 Washington Street Project as conceived by the project developers. To remove this inconsistency, the Developers and the City devised a plan to transfer Seawall Lot 351 out of the public trust and replace it with a different parcel in a land exchange agreement with the State Lands Commission (SLC). SLC approved land exchange agreement, finding that the agreement was a statutorily exempt activity under the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000. Opponents challenged SLC’s reliance on a CEQA exemption for “settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements.” The trial court held and the court of appeal affirmed that the proposed land exchange agreement is not statutorily exempt from CEQA review. View "Defend Our Waterfront v. Cal State Lands Comm'n" on Justia Law

Plaintiff appealed from the Planning and Zoning Commission’s denial of its subdivision permit. Intervenor intervened in the appeal to the trial court pursuant to Conn. Gen. Stat. 22a-19(a), raising claims related to the environmental impact of the proposed development. After remanding the matter back to the Commission for further fact-finding relating to Intervenor’s claims, the trial court set aside the Commission’s findings and adjudicated the factual issues itself. The trial court rendered judgment in favor of Intervenor and forbade Plaintiff’s proposed subdivision from going forward because of its potential environmental impact. The Supreme Court reversed, holding (1) the Environmental Protection Act does not empower a trial court to enter an injunction in an administrative appeal of a zoning decision involving an intervention under section 22a-19; and (2) the trial court could not have properly relied on Conn. Gen. Stat. 22a-18(b) through (d) to remand the matter back to the Commission for consideration of Intervenor’s claims or to independently adjudicate the factual issues raised in those claims. View "Hunter Ridge, LLC v. Planning & Zoning Comm’n" on Justia Law