Monthly Archives: October 2012

Court rules city’s adoption of a project proposed in an initiative (without an election) was a discretionary act requiring CEQA compliance.

Tuolumne Jobs & Small Business Alliance v. Superior Court No. F063849 (5th Dist.) (2012 DJDAR 15078)(October 30, 2012) Wal-Mart sought to expand its store into a Supercenter and submitted an application to the city of Sonora for approval. The city … Continue reading

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Neighbor gets whacked for rogue tree trimmer.

Rony v. Costa No. A128836 (1st Dist., Div. 1) 2012 DJDAR 14945 October 26, 2012 Defendant neighbor never saw it coming. He hired someone to trim some overhanging growth from a neighbor’s yard to create space for smoke and heat … Continue reading

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Court affirms Regional Water Board’s fines under Clean Water Act for sediment-laden stormwater discharge to ephemeral drainage with hydrologic connection to navigable water.

Garland v. Central Valley Regional Water Quality Control Board No. C067130 (2012 DJDAR 14745) (October 24, 2012) A regional water board fined Garland, through an Administrative Civil Liability order, for discharging sediment-laden water into an ephemeral stream without a permit. … Continue reading

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Court finds flaws in Fannita Ranch EIR for failure to specify mitigation guidelines or explain questions about water supply.

Preserve Wild Santee v. City of Santee No. B231411 (2012 DJDAR 14541) (4th Dist., Div. 1) (October 19, 2012) Various groups challenged the EIR for the proposed Fannita Ranch project in Santee. They successfully argued to the trial court that … Continue reading

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Irrigation District’s agreement with tribe to supply water for casino did not meet the small construction project exemption under CEQA, and the District could not ignore a LAFCO water limitation by calling it unconstitutional.

Voices for Rural Living v. El Dorado Irrigation District No. C064280 (2012 DJDAR 13777 (October 4, 2012) An Irrigation District and tribe made an agreement for a large amount of water to be piped to at tribe to support a … Continue reading

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