2007 Alerts

Holdover Tenants May Be Liable To Incoming Tenants
April 20, 2007

A recent ruling potentially adds a new layer of protection for landlords. Read more.

Challenge to California Taxes on Limited Liability Companies
January 29, 2007

A recent California Superior Court decision found that California’s taxes on the gross receipts of limited liability companies is unconstitutional. Read more.

Care in Drafting Contracts to Comply with State Map Act
January 22, 2007

Developers intending to enter purchase and sales agreements for portions of land not already subdivided must take great care in the drafting of those agreements.  Read more.

2006 Alerts

Branciforte Heights v. Santa Cruz: City May Deny Open Space Credit Against Parkland Dedication Requirements
May 25, 2006

In what will come as a surprise to many California developers, the Court of Appeal for the Sixth District ruled last month that the Quimby Act’s provision that private open space “shall be eligible” for a credit against parkland dedication is only discretionary, not mandatory, with the local agency charged with implementing the Act. Branciforte Heights, LLC. v. City of Santa Cruz, 138 Cal.App.4th 914 (2006). Read more.

Supreme Court Limits Developer’s Remedies in Challenge to Building Permit Fees
April 19, 2006

The California Supreme Court issued its decision in Barratt American, Inc. v. City of Rancho Cucamonga, 37 Cal. 4th 685 (2005), a case closely watched by the building industry, in which a home builder sued a city for charging excessive fees for building permits and inspections.  Read more.

2005 Alerts

Supreme Court Removes Obstacle to Land Use Challenges
November 18, 2005

In Travis v. County of Santa Cruz, 33 Cal. 4th 757 (2004), the California Supreme Court removed a significant procedural obstacle to developers attempting to challenge certain development conditions or exactions. Read more.