Justia Zoning, Planning & Land Use Opinion Summaries

Twelve individuals and the Ferrisburgh Friends of Responsible Growth, Inc. appealed the Environmental Division’s affirming the grant of a conditional use zoning permit to Champlain Oil Company. The permit allowed Champlain Oil to construct and operate a gasoline and diesel station with a retail convenience store and a drive-through food facility, including parking lot and overhead canopies for the gas and diesel pumps. Appellants argued that the proposed uses for a convenience, retail and drive-in facility are explicitly prohibited by the Ferrisburgh zoning ordinance and would not be consistent with the town plan. Finding no reversible error, the Supreme Court affirmed the Environmental Division's decision.View "In re Champlain Oil Company Conditional Use Application" on Justia Law

The City and County of San Francisco approved the Parkmerced Development Project, which involves the long-term redevelopment of the privately owned, 3,221-unit residential rental complex on152 acres near Lake Merced, which were built as affordable housing. The Project contemplates demolition and, over 20-30 years, construction of a greater number of residential units, some affordable and some market-rate, and the addition of commercial and retail space, parks and open space, and transit facilities, with improved utilities. Objectors claimed that the Land Use Element of the San Francisco General Plan was inadequate for failing to include standards for population density and building intensity (Gov. Code, 6302, subds. (a), (b).) (2); that the project and the various approvals were inconsistent with the “priority policies” and other policies of the General Plan; that an environmental impact report (EIR) and findings underlying the City’s approval of the project were inadequate under standards established by the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000); and violation of its due process rights. The trial court rejected the challenges. The court of appeal affirmed. View "San Francisco Tomorrow v. City & County of San Francisco" on Justia Law

Wal-Mart Stores, Inc. sought to expand its store in the City of Sonora. The City Council postponed its vote on the project while a voter-sponsored initiative was circulated, which proposed to adopt a plan for the contemplated expansion. The Council subsequently adopted the ordinance. The Tuoloumne Jobs & Small Business Alliance sought a writ of mandate based on four causes of action, the first of which asserted that the Council violated the California Environmental Quality Act (CEQA) by adopting the ordinance without first conducting a complete environmental review. The Court of Appeals granted the writ as to the first cause of action, concluding that when a land use ordinance is proposed in a voter initiative petition, full CEQA review is required if the city adopts the ordinance rather than submitting it to an election. The Supreme Court reversed, holding that CEQA review is not required before direct adoption of an initiative, just as it is not required before voters adopt an initiative at an election. View "Tuolumne Jobs & Small Bus. Alliance v. Superior Court" on Justia Law

CODE appealed the superior court's denial of a petition for writ of mandamus to set aside an environmental impact report (EIR) certification and project approval on the grounds that Mitigation Measure 4.8-8 was ineffective and respondents failed to comply with the California Environmental Quality Act (CEQA), Pub. Resources Code, 21000 et seq. The EIR concerned North Sky River and Jawbone's application to rezone and for a conditional use permit for mobile concrete batch plants in order to build and operate a wind farm in the Tehachcapi Wind Resource Area. The court concluded: (1) as a matter of law, the County's EIR described a legally feasible mitigation measure; (2) as a matter of law, the County was not required to respond to late comments; (3) substantial evidence supported the Board's conclusion that MM 4.8-8 mitigated significant impacts on aviation safety; and (4) the Board was not required to consider either CODE's proffered mitigation measure or the EIR's "environmentally superior alternative." Accordingly, the court affirmed the superior court's order denying CODE's petition for a writ of mandamus. View "Citizens Opposing A Dangerous Environ. v. Co. of Kern" on Justia Law

"At its heart, the present controversy is about noise - specifically, airport-generated noise and its effects on immediate neighbors." Airport neighbor, George Maille, appealed the Superior Court, Environmental Division's grant of summary judgment in favor of appellees City of Burlington and City of South Burlington. The court upheld the South Burlington Zoning Administrative Office's issuance of fifty-four zoning permits to the City of Burlington and Burlington International Airport (BTV) and concluded that applicants were not required to submit a site plan for zoning board approval. Each permit allowed the BTV to demolish, remove, and fill in the cellar hole of a vacant structure on BTV-owned property. Maille contended that the environmental court erred in concluding that site plan review of the applications was not required under the South Burlington Land Development Regulations. Although the Supreme Court disagreed with part of the environmental court’s reasoning, it ultimately affirmed its holding that site plan review was not required for the removal of the structures and the placement of fill in the structures' respective cellar holes. View "In re Burlington Airport Permit" on Justia Law

Developer Vermont North Properties (VNP) appealed from the trial court’s decision in favor of the Village of Derby Center. The dispute centered on VNP’s rights, if any, to water and sewer allocations from the systems managed by the Village in connection with a VNP construction project. The trial court determined that: the Village could charge fees for reserved water and sewer allocations; the Village’s fees were reasonable; the Village could revoke VNP’s reserved allocations for nonpayment of fees; and the Village was not estopped from denying water and sewer connections to VNP on account of nonpayment. Upon review, the Supreme Court concluded that VNP had enforceable reserved water and sewer allocations, but the Village could charge equitable fees for these reservations and may revoke the reservations for nonpayment. Furthermore, the Court concluded that VNP failed to meet its burden of demonstrating the unreasonableness of the Village’s reservation fees, and on that basis the Court affirmed the trial court’s decision. View "Vermont North Properties v. Village of Derby Center" on Justia Law

In 2006, Plaintiffs entered into a settlement agreement with the U.S. Environmental Protection Agency (EPA), agreeing to pay for a study of an Ohio landfill site and to reimburse the government’s response costs in exchange for a partial resolution of liability. About four years later, Plaintiffs filed the first of two actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), the Superfund Amendments and Reauthorization Act of 1986 (SARA), both codified at 42 U.S.C. 9601–9675, and Ohio common law of unjust enrichment, seeking to recover costs or gain contribution from other entities responsible for the contamination. In 2012, Plaintiffs brought another case, alleging the same three causes of action, against additional defendants. In both cases, the district court dismissed the section 113(f)(3)(B) contribution claims as untimely and dismissed the unjust-enrichment claims for failing to state a valid cause of action. The court allowed limited discovery on the section107(a)(4)(B) cost-recovery claims but, ultimately, granted summary judgment to the defendants, finding that CERCLA and controlling case law prohibit a party that has entered a liability-resolving settlement agreement with the government from prosecuting such an action. The Sixth Circuit affirmed. View "Hobart Corp. v. Coca-Cola Enters, Inc." on Justia Law

In April 2008, a particularly cold month in a dry year, young salmon were found fatally stranded along banks of the Russian River system, which drains Sonoma and Mendocino Counties. The deaths were caused by abrupt declines in water level that occurred when water was drained from the streams and sprayed on vineyards and orchards to prevent frost damage. After hearings and preparation of an environmental impact report (EIR), the State Water Resources Control Board adopted a regulation that is likely to require reduction in diversion of water for frost protection under certain circumstances. The regulation does not limit water use, but delegates regulatory authority to local governing bodies composed of the diverting growers. The regulation declares that any water use inconsistent with the programs, once they are approved by the Board, is unreasonable and prohibited. The trial court invalidated the Board’s action. The appeals court reversed. While authority to require a permit for water use by riparian users and early appropriators is beyond the authority of the Board, it has the power to prevent unreasonable use of water. In regulating unreasonable use of water, the Board can weigh public purposes, notably the protection of wildlife habitat, against the commercial use of water by riparian users and early appropriators. The court noted that its ruling was on a facial challenge and did not address the validity of any particular substantive regulation. The Board did not unlawfully delegate its authority and properly certified the EIR. View "Light v. State Water Res. Control Bd." on Justia Law

The Project area includes Treasure Island, 404 acres of landfill placed on former tidelands in San Francisco Bay, plus Yerba Buena Island, an adjacent, 160-acre, natural rock outcropping. Treasure Island and the causeway to Yerba Buena Island were constructed in the 1930s for the Golden Gate Exposition. During World War II, the area was converted to a naval station, which operated for more than 50 years. Conditions include aging infrastructure, environmental contamination, deteriorated buildings, and impervious surfaces over 65 percent of the site. In 2011, after more than a decade of planning, study, and input, the board of supervisors approved the Project, amended the general plan and code maps and text, and approved policies and standards for the redevelopment. The Environmental Impact Report (EIR) envisions a new, mixed-use community with about 8,000 residential units (about 25 percent designated as affordable units); up to 140,000 square feet of commercial and retail space; about 100,000 square feet of office space; restoration of historic buildings; 500 hotel rooms; utilities; 300 acres of parks, playgrounds, and public open space; bike and transit facilities; and a new ferry terminal and intermodal transit hub. Construction would be phased over 15-20 years. CSTI unsuccessfully challenged the EIR’s approval under the California Environmental Quality Act, Pub. Res. Code 21000. The court of appeal affirmed, rejecting an argument that the EIR should have been prepared as a program EIR, not a project-level EIR. Opponents claimed that there was insufficient detail about matters such as remediation of hazardous materials, building and street layout, historical resources and tidal trust resources, for “project-level” review. View "Citizens for a Sustainable Treasure Island v. San Francisco" on Justia Law

The County of Kauai Planning Commission approved a subdivision application for a Trust's development of land in Koloa, Kauai. During the Commission's consideration of the application, the parties assumed that a historic road (Road) that the Trust needed to breach to provide access into the subdivision belonged to the County of Kauai. Plaintiff filed a civil complaint alleging several claims against Defendants, including breaches of the public trust. Plaintiff subsequently amended his complaint because he discovered that the road belonged to the State and not the County and asserted two additional claims against the Trust for allegedly breaching the Road. The circuit court dismissed the claims, concluding (1) because the State had not given its approval to breach the Road, the issues raised in Plaintiff's complaint were not ripe; and (2) even if Plaintiff had claims that were ripe and severable, the court had the discretion to dismiss the claims in the interest of judicial economy. The Supreme Court vacated the circuit court's final judgment, holding (1) all of Plaintiff's claims were ripe for adjudication; and (2) the circuit court erred in dismissing claims on the basis of judicial economy. Remanded.View "Blake v. County of Kauai Planning Comm'n" on Justia Law