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VOLUME 14 | NUMBER 6 | JUNE 2019
 
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IN THIS ISSUE
 
Introductory Remarks
>
CLE Anytime
>
Recent Cases
>
 

The Real Property Section Newsletter is published monthly by the Real Property Law Section.

Editor:
Teresa Y. Hillery
Vice President, Commercial Underwriting Counsel
Fidelity National Title Group
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Claire Hervey Collins

First Vice Chair
Eric A. Altoon

Second Vice Chair
Kelsey M. Thayer

Treasurer
Laurence L. Hummer

Secretary
Rachel Meghan Sanders

Immediate Past Chair
Caroline Dreyfus

 

EXECUTIVE COMMITTEE MEMBERS

Susan J. Booth
Norman A. Chernin
Brant H. Dveirin
Owen P. Gross
Teresa Y. Hillery
Daniel K. Liffmann
Linda E. Spiegel
Ira J. Waldman

Barrister’s Liaison (non-voting):
Greg Maestri

Law School Liaison:
Misty Marie Sanford

Section Administrator
Fatima Jones

 

PAST CHAIRS

Roy H. Aaron*
Michael J. Bayard
Stephen M. Blitz
Susan J. Booth
Elizabeth Spedding Calciano
Robert E. Carter
Norm Chernin
R. Bradbury Clark*
Professor William Coskran
Caroline Dreyfus
Anson Dreison*
Brant H. Dveirin
Peter Gelles
Gail Gordon
Byron Hayes, Jr.
Gordon Hunt
Bryan C. Jackson
Michael S. Klein
Preston Kline*
Bernard Kolbor
Robert Krueger*
Mark L. Lamken
Marvin Leon
Gregg J. Loubier
Victor I. Marmon
Jerold L. Miles
O’Malley M. Miller
Rodney Moss*
Donald C. Nanney
Gytis L. Nefas
Carl B. Phelps
Laurence G. Preble
James D. Richman
Peter E. Robinson
Floyd Sayer*
Margaret J. Schock
Ronald I. Silverman
Theresa C. Tate
Timothy M. Truax
Richard S.Volpert
Ira J. Waldman
Alan Wayte
Pamela L. Westhoff
John W. Whitaker
George H. Whitney*
Norma J. Williams
John M.Yunker, Jr.
Paula Reddish Zinnemann
*Deceased

 

SUBSECTION CHAIRS

Commercial Development and Leasing
Trudi J. Lesser

Commercial Development and Leasing
Herman Enayati

Construction Law
John D. Hanover

General Real Estate
William J. Bernfeld

General Real Estate
Stacey A. Villagomez

Land Use Planning and Environmental Law
Rosslyn "Beth" Stevens Hummer

Real Estate Finance
Jane L. Hinton

Real Estate Finance
Erik M. North

Title Insurance
Elmira Howard

 

 

Introductory Remarks

Thank you to all who attended our 21st Annual Real Property Installation & Awards Dinner last month. We had a great time honoring Outstanding Real Estate Industry Honoree, H. Collyer Church; Outstanding Real Estate Lawyer Honoree, Pamela L. Westhoff; and Outstanding Young Lawyer Honorees, Alexander G. Davis, Steve Farenbaugh, AJ Garcia, Elizabeth Levin, and Karen Lorang.

As the FY 2018-2019 ends, the Real Property Section would like to congratulate and thank Outgoing Chair, Claire Hervey Collins. Surrounded by a dedicated team of attorney volunteers and LACBA staff, Claire successfully led one of the largest sections of the Los Angeles County Bar Association! Incoming Chair, Eric A. Altoon, is set to take the reins in July and lead us through another awesome year. Stay tuned!!

1902-008 © 2019 Don Milici

For more pictures, click here.


Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address: Teresa.Hillery@fnf.com

 

LACBA Real Property CLE Anytime

Even if you can't attend our Real Property Section events, you can earn CLE credit by viewing our streaming videos. Here are a few options. Click any link below.

A Practical Guide to the Subdivision Map Act
Annual Construction Law Update and Flaig Award
Arbitration Provisions in Leases and Purchase and Sale Agreements: Considerations and Insights

 
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Recent Cases
 

- 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
Full text click here >

- 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
Full text click here > 

- 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
Full text click here >

- 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
Full text click here >

- 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
Full text click here >

- 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
Full text click here >

- 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
Full text click here >

 
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