Appellate Court Strikes Down Development Agreement Initiative
The firm and Earthjustice prevail in challenging an initiative that purported to approve a development agreement for the World Logistics Center, a massive warehouse project near low-income communities in Riverside County. The court of appeal holds that local initiatives may not be used to adopt development agreements. (Center for Community Action and Environmental Justice v. […]
Voting Rights Protected in Arizona
Following litigation by the firm, the Campaign Legal Center, and the Lawyers Committee for Civil Rights, the State of Arizona agrees to change its overly burdensome and illegal requirement that voters provide documentary proof of citizenship to register for federal elections. (League of United Latin American Citizens v. Arizona Secretary of State.)
Historic Post Office Saved
The firm successfully defends the City of Berkeley’s Civic Center Historic District and protects the historic Berkeley Main Post Office from conversion to a commercial use. (U.S. Postal Service v. City of Berkeley (2018).)
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).)
Protecting Ag Land from Development
The firm successfully represented the Cleveland National Forest Foundation in challenging San Diego County’s approval of a residential subdivision on ranchland protected under the Williamson Act. The Court of Appeal held that such projects are permissible only where homes would support the land’s agricultural use.
SMW Victory in the Ninth Circuit
Photo Credit: Tim Evanson, Flickr, CC BY 2.0 The Court rejected a billboard developer’s challenge to Alameda County’s sign ordinance, and upheld a rare award of attorneys’ fees to a prevailing defendant, on the grounds the lawsuit was frivolous. Read the court’s opinion at https://www.smwlaw.com/files/Citizens_Free_Speech_v._County_of_Alameda.pdf
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 […]
Tribal Participation Results in Revised Solar Project
When initially proposed, the Palen Solar Project would have involved scraping thousands of acres of the Mojave Desert to make a perfectly level site suitable for solar thermal technology. A later iteration would have involved 700-foot solar power towers, a technology known to harm birds, bats, and insects, including those of cultural significance. Throughout these […]
Selection of Asset Manager for Public Facility
The firm assisted the Transbay Joint Powers Authority (TJPA) in the procurement for an asset manager to manage the Salesforce Transit Center operations, public spaces, and retail leasing in San Francisco.
Streamlining Agency Operations with Electronic Signatures
Does your agency require “wet-ink” signatures on contracts, resolutions, or permit applications? In California, use of electronic signatures has been valid since 2000. With public agencies increasingly conducting business electronically during the COVID-19 pandemic, more are accepting and using e-signatures for certain official documents. Read on for an overview of the laws surrounding electronic signatures and for […]