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Court OKs massive development north of Los Angeles
Legal News Feed | 2014/03/24 14:33
A California court has cleared the way for a massive housing development in the Santa Clarita Valley.

The Los Angeles Times reports Thursday's decision by the 2nd District Court of Appeal restores a permit issued by the Department of Fish and Wildlife that granted the Newhall Land and Farming Co. permission to alter the Santa Clara River as part of construction.

The court found that an environmental report adequately analyzed the project's potential impact on endangered fauna and flora and Native American cultural artifacts.

The newspaper says the ruling does not end the legal challenges. Jason Weiner, an attorney with the nonprofit Wishtoyo Foundation, says an appeal to the California Supreme Court is likely.

The Newhall Ranch project includes a planned community of 60,000 residents about 35 miles north of Los Angeles.



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Law Firm News | 2014/03/21 13:21

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Law Firm News | 2014/03/21 13:19
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Court ruling could delay California water project
Legal News Feed | 2014/03/17 14:33
A state appellate court has ruled that California water officials cannot go onto private property for soil testing and other studies related to construction of two massive tunnels that would siphon water from the Sacramento River.

Nancy Vogel of the state's Department of Water Resources said Friday that officials anticipated the ruling and work won't be delayed.

The decision handed down Thursday by the state's 3rd District Court of Appeal says an intrusion on private property without permission violates the California Constitution.

If built, the Bay Delta Conservation Plan — estimated to cost billions of dollars — would send fresh water around the Sacramento-San Joaquin Delta to Central and Southern California.

The ruling stems from a lawsuit filed against the state by more than 150 property owners in Sacramento, San Joaquin, Yolo, Solano and Contra Costa counties.

The three-judge panel ruled 2-1 in a 44-page decision with the majority opinion saying the state must adhere to eminent domain laws, which give property owners the right to a jury trial to determine a fair payment for taking away their land.

Acts such as testing soil, observing or trapping animals either by driving onto property, using boats or going on foot amount to "taking" and trigger the need for eminent domain proceedings, the majority opinion said.


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