Lay of the Land
The California Supreme Court has scheduled oral argument on three land use and CEQA cases in early May in San Francisco. The Court has generally been moving to clear its calendar of pending CEQA and land use cases, of which there are many, but this is an unprecedented confluence of oral arguments on important cases. The three cases to be argued are as follows:
- Property Reserve v Superior Court, Supreme Court Case No. S217738, scheduled for oral argument on Tuesday, May 3rd at 9:00 am. This case concerns whether requiring onsite geological or environmental testing is a physical taking of private property. The particular onsite testing at issue in this case is for the proposed twin tunnels project in the Delta.
- Friends of the College of San Mateo College Gardens v. San Mateo County Community College District, Supreme Court Case No. S214061, scheduled for oral argument on Wednesday, May 4th at 9:00 am. This case concerns the legal standards that apply when an agency considers a further approval for a project that has already been reviewed under CEQA. The court will decide whether the decision to prepare a further EIR is subject to review under the deferential substantial evidence standard, as most cases have held, or whether the agency must first make a threshold determination whether there is a new project as a matter of law.
- City of Perris v. Stamper, Supreme Court Case No. S213468, scheduled for oral argument on Thursday, May 5th at 9:00 am. This case concerns the determination of which issues are decided by a judge, and which issues are decided by a jury, in an eminent domain case. The specific issue is whether the constitutionality of a city’s dedication requirement is a legal issue, to be decided by a judge, or a factual issue, to be decided by the jury.
The decisions in these three cases should be issued by the court by late July or August.