SMW Advises SAFCA on Local Funding Mechanisms for Flood Control
From 2007 through 2016, the firm advises the Sacramento Area Flood Control Agency on the formation of assessment districts to fund the local share of flood control improvements, providing benefits to approximately 160,000 properties.
Governor’s “By Right” Bill Threatens to Eliminate Local Control over Residential Development
When it returns from its recess, the California Legislature will consider Trailer Bill 707—a proposal by Governor Brown’s office to require “by right” approval of certain residential developments. As the bill would greatly limit local control over land use, its effects would be far reaching. Cities and counties should review the legislation and its implications […]
Tribal Consultation Under AB 52: An Overview and Tips for Compliance
With the implementation of Assembly Bill 52 (AB 52) last July, California welcomed a new chapter in the ongoing relationship between public agencies and Native American tribes. This new law recognizes California tribes’ expertise regarding cultural resources and provides a method for agencies to incorporate tribal knowledge into their CEQA environmental review and decision-making processes. […]
Help Public Agency Clients Avoid Inadvertent Disclosures
Public agencies breathed a collective sigh of relief following the California Supreme Court’s ruling in Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176. The Court found that public agencies do not waive exemptions when they inadvertently disclose confidential documents in response to a Public Records Act (PRA) request. But some mistakes are more easily cured than others. Given the practical limits […]
Firm Victory Clarifies Eminent Domain Rules
Shute, Mihaly & Weinberger won a significant victory for longtime client Sacramento Area Flood Control Agency (SAFCA) when the Third District Court of Appeal upheld a favorable eminent domain jury verdict in Sacramento Area Flood Control Agency v. Dhaliwal (2015) 236 Cal.App.4th 1315. The case was tried by the firm’s veteran trial attorney, Andrew Schwartz, and defended […]
Practical Tips for Updating Sign Ordinances Post-Reed v. Town of Gilbert
The dust is still settling from the Supreme Court’s 2015 ruling in Reed v. Town of Gilbert, AZ, 135 S.Ct. 2218 (2015), a case challenging the Town of Gilbert’s sign ordinance as a content based and unconstitutional regulation of speech. The Court sided with the challengers, a small church and its pastor, who had faced numerous regulatory […]
Greenhouse Gas Emission Thresholds Upheld
The firm defends the Bay Area Air Quality Management District in litigation challenging its CEQA thresholds of significance. After a ruling of the California Supreme Court, the majority of the thresholds are upheld. (California Building Industry Assn. v. BAAQMD, 62 Cal.4th 369 (2015).)
Court Overturns End-Run to Subdivision Map Act
The firm prevails in the court of appeal in a case of first impression challenging Contra Costa County’s approval of a subdivision on agricultural land adjacent to Marsh Creek State Park without Subdivision Map Act compliance. (Save Mount Diablo v. Contra Costa County, 240 Cal.App.4th 1368 (2015).)
SMW Leads Sale of Land for Transit Oriented Development in San Francisco
The firm helps the Transbay Joint Powers Authority (TJPA) and the successor to the San Francisco redevelopment agency negotiate the 2015 sale of land for the development of Park Tower. Later, the firm negotiates the sale of Parcel F, the future site of the fourth tallest building in San Francisco, bringing the total land sale […]
Short Term Rental Initiative Approved
In 2015 voters in Mammoth Lakes pass an initiative, drafted by the firm, requiring voter approval of changes to City zoning prohibiting short-term rentals in most residential neighborhoods.