Mobile Home Rent Control Upheld Against Takings Challenge
Photo credit: Sarah Schwartz The firm obtains a ruling by the Ninth Circuit overturning a multi-million dollar jury verdict against the City of Carson in a regulatory takings challenge to a mobile home rent control ordinance, preserving affordable homes. (Colony Cove Properties, LLC v. City of Carson, 888 F.3d 445 (9th Cir. 2018).)
Ninth Circuit Provides Further Clarity on the Limits of Regulatory Takings
On April 23, 2018, in Colony Cove Properties, LLC v. City of Carson, the Ninth Circuit Court of Appeals reaffirmed the broad leeway local governments have to regulate the use of property without causing a “taking” under the under the Takings Clause of the Fifth Amendment. The court reversed a nearly $8 million jury verdict […]
Stopping A Fire Trap at the Wildland-Urban Interface
Pressing claims under CEQA and the city’s own Code, the firm obtains an appellate victory in its challenge to the City of Brea’s approval of a residential subdivision in a fire-prone canyon abutting Chino Hills State Park. (Hills For Everyone v. OSLIC Holdings LLC (2017).)
SMW Defends Cap and Trade Auction
The firm represents the Environmental Defense Fund and Natural Resources Defense Council as intervenors in successfully defending the state’s auction of greenhouse gas emission allowances under AB 32’s cap and trade program. (California Chamber of Commerce v. State Air Resources Board, 10 Cal. App. 5th 604 (2017).)
SMW Enforces Fairfield’s Urban Growth Boundary
On behalf of the Solano County Orderly Growth Committee, the firm successfully challenges Solano County’s approval of a large subdivision development proposed on lands serving as an important buffer between urban development and working farms and natural open space. The Project would have required water and sewer services from the City of Fairfield in contravention […]
San Onofre State Beach Permanently Saved From Toll Road
After years of challenging the 16-mile Foothill-South Toll Road in court and administrative proceedings, including the largest public hearing in the Coastal Commission’s history, the firm helps a dozen environmental groups negotiate a settlement that permanently protects San Onofre State Beach and adjoining open space. (Calif. State Parks Fdn. v. Transportation Corridor Agency, 150 Cal.App.4th […]
California Supreme Court Victory
The firm wins a landmark case before the California Supreme Court holding that the North Coast Rail Authority must comply with CEQA when reopening tracks running from Novato to Humboldt County. Subsequently, the state passes legislation to convert the rail line to the Great Redwood Trail. (Friends of the Eel River v. NCRA, 3 Cal.5th […]
Appellate Court Invalidates EIR for Regional Transportation Plan
The firm obtains an appellate decision invalidating the environmental impact report for a regional transportation plan adopted by the San Diego Association of Governments (SANDAG). SANDAG is ordered to consider a transit-oriented alternative to its freeway-centric plan. (Cleveland National Forest Foundation v. SANDAG, 17 Cal.App.5th 413 (2017).)
Navigating Complex Attorney Fees
A litigant in a partition action faces a potential obligation to pay fees and costs of over $600,000. The firm eliminates this liability and turns it into a cost award of about $5,000. The litigation involves years of billing records and contentious proceedings. (DeMartini v. DeMartini (2016).)
SMW Protects General Plans and Referendum Power in California Supreme Court
The firm prevails in a landmark case before the California Supreme Court that upholds the people’s right of referendum and confirms the primacy of the city’s General Plan. (Orange Citizens for Parks & Recreation v. Superior Court, 2 Cal.5th 141 (2016).)