- Charter Schools -
An urgency ordinance that imposed a temporary moratorium on charter schools was invalid because the findings of "numerous inquiries and requests for the establishment and operation of charter schools" did not amount to a "current and immediate threat" as required by Government Code §65858(c).
California Charter Schools Association v. City of Huntington Park - filed April 25, 2019, publication ordered May 16, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 2304
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- Development Fee Act -
The Development Fee Act allows a city to impose fees on developments that have a reasonable relationship to the burden posed by the development. A fee based in significant part on costs the city will not incur does not have a reasonable relationship to the cost to of a public facility attributable to a new development. Nothing in the act prohibits a city from imposing fees to maintain its current level of service.
Boatworks, LLC v. City of Alameda - filed May 15, 2019, First District, Div. Four
Cite as 2019 S.O.S. 2308
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- Easement -
A landowner did not have a fundamental vested right to plant trees in an area subject to a pipeline easement granted by his predecessor where the trees interfered with access to the pipeline. A water district had authority under the Water Code to enact rules allowing it to deny water to a landowner who unreasonably interferes with the district's use of an easement or refuses to comply with the district's rules.
Inzana v. Turlock Irrigation District Board of Directors - filed April 24, 2019, publication ordered May 16, 2019, Fifth District
Cite as 2019 S.O.S. 2346
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- Judgment Lien -
A judgment lien on real property is created by recording an abstract of a money judgment with the county recorder, and upon recording, the lien automatically attaches to all real property the judgment debtor owns within that county. A lien is not void if the abstract is recorded by a corporation while its corporate powers were suspended because a corporation can retroactively validate unauthorized actions taken during a suspension by correcting the condition causing the suspension and applying for a certificate of revivor. Recording the abstract of judgment is a procedural act that is retroactively validated once a suspended corporation's powers are reinstated.
Longview International v. Stirling (Catambay) - filed May 31, 2019, Sixth District
Cite as 2019 S.O.S. 2614
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- RCRA -
A citizen suit brought under the Resource Conservation and Recovery Act to compel the U.S. Forest Service to address the use of lead ammunition by hunters in Arizona's Kaibab National Forest presented a justiciable controversy since there was a genuine adversary issue between the parties and a ruling in the plaintiff's favor would require the service to mitigate the harm caused by spent lead ammunition, thereby leading to a change in the service's operation of the Kaibab. Nothing in the act's private civil action provision confers judicial discretion to decline to entertain such a suit.
Center for Biological Diversity v. U.S. forest Service (National Rifle Association of America) - filed May 30, 2019
Cite as 2019 S.O.S. 17-15790
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- Trespass -
Lawful possession for purposes of a trespass claim simply means actual, peaceful possession. A person with actual possession can sue for trespass even if he does not have any legal rights in the land. A party's failure to comply with the Uniform Transfers to Minors Act and maintain a property for the benefit of his daughter did not render his possession of the property unlawful for purposes of bringing a trespass claim.
Vaiseh v. Stapp - filed June 6, 2019, Fifth District
Cite as 2019 S.O.S. 2641
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- Wastewater Fees -
When a government agency considers increasing a property-related fee, a fee payor can challenge the method of fee allocation without first participating in a Proposition 218 hearing that addresses only a proposed rate increase.
Plantier v. Ramona Municipal Water District - filed May 30, 2019
Cite as 2019 S.O.S. 2537
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