Articles Posted in Supreme Court of California

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In 2006, Milan REI IV LLC (Milan) purchased more than fifty acres of land in the Orange Park Acres area in the City of Orange with plans to develop a residential development on the property. The City approved Milan’s request to amend its general plan and permit development on the property, despite controversy over the private development replacing public open space. Orange Citizens for Parks and Recreation and Orange Parks Association (together, Orange Citizens) challenged the City’s amendment by referendum. The City concluded that the referendum, whatever its outcome, would have no effect because a resolution from 1973 permitted residential development on the property. In 2012, fifty-six percent of voters rejected the City’s general plan amendment. The court of appeal upheld the City’s approval of the project. The Supreme Court reversed, holding that the City abused its discretion in interpreting its 2010 General Plan to permit residential development on the property. View "Orange Citizens for Parks & Recreation v. Superior Court of Orange County" on Justia Law

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This dispute concerned a 1.66-acre strip of Defendants’ land that the City of Perris condemned in order to build a road. The City offered to pay Defendants the agricultural value of the strip, relying on City of Porterville v. Young. The trial court agreed with the City, concluding that Porterville applied in this case and that Defendants were entitled to a stipulated agricultural value of $44,000 for the taking. In so deciding, the trial judge concluded that the City’s dedication requirement was lawful under Nollan v. California Coastal Commission and Dolan v. City of Tigard. The Court of Appeal remanded the case to revisit the legality of the dedication requirement, concluding that the lawfulness of the dedication and requirement under Nollan and Dolan should have been decided by a jury, not a judge. The Supreme Court reversed, holding (1) the constitutionality of a dedication requirement under Nollan and Dolan is a question for a court, rather than a jury; and (2) the project effect rule generally applies, and the Porterville doctrine does not apply, to situations when it is probable at the time a dedication requirement is put in place that the property designated for public use will be included in the project for which the condemnation is sought. Remanded. View "City of Perris v. Stamper" on Justia Law