SMW Drafts and Defends Ballot Measure to Protect San Jose’s General Plan
In 2018, on behalf of the City of San Jose, the firm drafts and defends a first-of-its kind charter amendment to prevent a developer-sponsored initiative from gutting the City’s General Plan.
Capitola Trestle Initiative Upheld
Photo Credit: Will Mayall Capitola residents submit an initiative to ensure that the Capitola Trestle will be preserved and maintained for bicyclists and pedestrians. The firm successfully defends the measure in a pre-election challenge brought by the City (City of Capitola v. Fridy). Capitola voters pass the initiative in November 2018.
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).)
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 […]
Stopping A Fire Trap at the Wildland-Urban Interface
Pressing claims under CEQA and the city’s own Code, the firm obtains an appellate victory in its challenge to the City of Brea’s approval of a residential subdivision in a fire-prone canyon abutting Chino Hills State Park. (Hills For Everyone v. OSLIC Holdings LLC (2017).)
SMW Defends Cap and Trade Auction
The firm represents the Environmental Defense Fund and Natural Resources Defense Council as intervenors in successfully defending the state’s auction of greenhouse gas emission allowances under AB 32’s cap and trade program. (California Chamber of Commerce v. State Air Resources Board, 10 Cal. App. 5th 604 (2017).)
SMW Enforces Fairfield’s Urban Growth Boundary
On behalf of the Solano County Orderly Growth Committee, the firm successfully challenges Solano County’s approval of a large subdivision development proposed on lands serving as an important buffer between urban development and working farms and natural open space. The Project would have required water and sewer services from the City of Fairfield in contravention […]