Justia Real Estate & Property Law Opinion Summaries

In 1998, the State Lands Commission granted Hanson’s predecessor 10-year leases, authorizing commercial sand mining from sovereign lands, owned by the state subject to the public trust, and managed by the Commission, under the Central San Francisco Bay, Suisun Bay, and the western Sacramento-San Joaquin River Delta. In 2006, Hanson requested extensions of several leases, but they expired before the Commission made its decision. The Commission granted four new 10-year leases covering essentially the same parcels in the San Francisco Bay. In 2012, opponents sought a writ of mandate to compel the Commission to set aside its approval of the project. In 2015, a different panel of the court of appeal found that the Commission’s environmental review of the project complied with the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000), but that the Commission violated the public trust doctrine by approving the project without considering whether the sand mining leases were a proper use of public trust lands. The Commission reapproved the project; the court discharged a writ of mandate. The court of appeal affirmed. While the Commission erred by concluding that private commercial sand mining constitutes a public trust use of sovereign lands, there is substantial evidence that the project will not impair the public trust. View "San Francisco Baykeeper, Inc. v. State Lands Commission" on Justia Law

The Alliance challenged the approval of a project comprising a fuel station, convenience store, and quick serve restaurant on The Alameda and the adoption of a mitigated negative declaration for the project. The Alliance sought to compel the preparation of an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000). In March 2016, the trial court issued a “Peremptory Writ of Mandate of Interlocutory Remand for Reconsideration of Potential Noise Impacts,” requiring the city to set aside the resolutions, reconsider the significance of potential noise impacts, and take further action consistent with CEQA. The Alliance did not appeal from that decision but appealed from the December 2016 “Final Judgment on Petition for Writ of Mandamus,” which determined that the city’s supplemental return complied with the peremptory writ and with CEQA. The court of appeal affirmed, concluding that the March 2016 decision was the final judgment and the December 2016 decision was a post-judgment order. The court rejected claims that the city was required to prepare an EIR because there was substantial evidence in the record supporting a fair argument that the proposed project may have significant, unmitigated traffic and noise impacts and that the project violated the municipal code governing “formula retail businesses.” View "Alliance of Concerned Citizens Organized for Responsible Development v. City of San Juan Bautista" on Justia Law

Landowners David Neil Harris, Sr., Vecie Michelle Harris (“Harris”) and Clyde H. Gunn III filed suits to confirm title to their waterfront properties in Ocean Springs, Mississippi. The State, Jackson County, and the City of Ocean Springs (the “City”) asserted title to a portion of the same waterfront properties claimed by the landowners: a strip of sand beach located south of a road and a seawall. After a full trial on the merits, the chancellor found that the State held title to the sand beach in front of the Harris and Gunn properties as public-trust tidelands. The landowners appealed, but finding no reversible error in the chancellor’s final judgments, the Mississippi Supreme Court affirmed. View "Harris v. Mississippi" on Justia Law

The Supreme Court affirmed the decision of the Board of Land and Natural Resources (BLNR) authorizing issuance of a Conservation District Use permit (CDUP) for a Thirty Meter Telescope (TMT) near the summit of Mauna Kea, holding that the BLNR property applied the law in analyzing whether the permit should be issued for the TMT.Appellants, Native Hawaiian cultural practitioners, argued that Mauna Kea, as a sacred manifestation of their ancestors, was desecrated by development of astronomy facilities near its summit. The BLNR authorized issuance of the CDUP of the TMT after Third Circuit judge Riki May Amano conducted a contested case hearing over forty-four days. The Supreme Court affirmed, holding (1) the BLNR did not err by refusing to disqualify Amano as the hearing officer, and certain Deputy Attorneys General; (2) the TMT project does not violate religious exercise rights of Native Hawaiians protected by federal statutes; (3) the TMT project does not violate public trust principles, and the conditions of Hawai’i Administrative Rules 13-5-30(c) for issuance of a CDUP were satisfied; and (4) the proceeding was legitimate. View "In re Contested Case Hearing re Conservation District Use Application" on Justia Law

The City of San Diego approved a development project at Balboa Park. Most of Balboa Park's Central Mesa was a National Historic Landmark District and the Cabrillo Bridge is a National Historical Landmark. The purpose of the project was to restore pedestrian and park uses to Balboa Park's Central Mesa and to alleviate vehicle and pedestrian conflicts. A new bridge, 'Centennial Bridge,' would connect the eastern end of Cabrillo Bridge to the western side of the Alcazar parking lot. From that point a new 'Centennial Road' would traverse through the Alcazar parking lot exiting to the east, continue to the south past a new Organ Pavilion [underground] parking structure and then connect to Presidents Way. Additional parkland would be provided atop the new parking structure. A tram would provide service from the parking structure to the Plaza de Panama with possible expansion to serve other areas of the Park. Excavation activities required for construction of the underground parking structure would require that the project dispose of excess soils within the inactive Arizona Street Landfill." Save Our Heritage Organisation (SOHO) appealed a judgment denying its petition for writ of mandamus challenging the approval by the City of an environmental impact report (EIR) addendum for revisions to the project. SOHO contended the City's approval of the addendum violated the California Environmental Quality Act (CEQA) in two respects: (1) CEQA Guidelines section 15164 was invalid because CEQA contained no authority for the addendum process and the addendum process conflicted with CEQA's public review requirements; and (2) the City approved the project revisions without making new findings under section 21081. The Court of Appeal concluded SOHO did not meet its burden of establishing the addendum process was invalid. Furthermore, the Court concluded the City was not required to make findings under section 21081. View "Save Our Heritage Organisation v. City of San Diego" on Justia Law

The city approved an agreement with PG&E which authorized and imposed conditions on the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The staff report stated that the removal of protected trees constituted a Major Tree Removal Project, requiring tree removal permits and mitigation. PG&E was willing to provide requested information and applicable mitigation but claimed that an exemption from obtaining any discretionary permits. The city agreed to process the project under Lafayette Municipal Code section 6-1705(b)(S), which allows the city to allow removal of a protected tree “to protect the health, safety and general welfare of the community.” The trial court dismissed a challenge. The court of appeal reversed in part. Claims asserted under the planning and zoning law (Government Code 65000), the city’s general plan, and the city’s tree protection ordinance are barred by Government Code 65009(c)(1)(E), as not timely-served. The statute requires that an action challenging a decision regarding a zoning permit be filed and served within 90 days of the decision; the original petition was timely filed on June 26, 2017, but was not served until after the 90-day deadline. The claim under the California Environmental Quality Act (Pub. Resources Code, 21000) was timely filed and served under Public Resources Code 21167(a) and 21167.6(a). View "Save Lafayette Trees v. City of Lafayette" on Justia Law

Curtis and Karen Erickson appealed and the Cass County Joint Water Resource District cross-appealed after the district court ordered condemnation of the Ericksons' properties, determined the amount of just compensation, and awarded the Ericksons' attorney fees and costs. After a bench trial, each Each party presented evidence about the value of the properties, including testimony from appraisers. The district court found the Ericksons were entitled to just compensation for the properties in the amount of $48,200. The Ericksons moved for attorney fees and costs under N.D.C.C. 32-15-32. The District opposed the request, arguing the requested amount of attorney fees and costs was unreasonable. The court granted the Ericksons' motion and ordered the District to pay the Ericksons $114,346.47 in fees and costs. The Ericksons argued the district court erred in determining the amount of just compensation, contending the court failed to properly compensate them for the properties' "highest and best use." The District argued the district court misapplied the law by awarding the Ericksons the full amount they requested for attorney fees and costs. The North Dakota Supreme Court concluded the district court did not misinterpret or misapply the law and the court did not act in an arbitrary, unreasonable, or unconscionable manner when it decided to award attorney fees and costs. Therefore, the Court concluded the trial court did not abuse its discretion by awarding fees and costs. View "Cass County Joint Water Resource District v. Erickson" on Justia Law

In 2007, the Site, in Trainer Borough, was owned by SCT, and used for making corrosion inhibitors, fuel additives, and oil additives. SCT kept flammable, corrosive, and combustible chemicals. Pennsylvania’s Department of Environmental Protection (PADEP) determined that “there is a release or threat of release of hazardous substances or contaminants, which presents a substantial danger to human health or the environment. The federal EPA initiated removal actions. SCT could not afford the cleanup expenses, including electricity to power pollution control and security equipment, The power company was going to shut off the Site's electricity, so PADEP assumed responsibility for the bills. Delaware County forced a tax sale. Buyers purchased the Site for $20,000; the purchase agreement stated that the Site had ongoing environmental issues and remediation. Trainer Custom Chemical took title in October 2012. The EPA and PADEP completed their removal actions in December 2012. PADEP had incurred more than $818,000 in costs. The buyers had demolished many of the Site’s structures; reclaimed salvageable materials were sold for $875,000. In 2014, PADEP received reports indicating that hazards still existed at the Site; its buildings had asbestos-containing materials. PADEP sued under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-28, and Pennsylvania’s Hazardous Sites Cleanup Act (HSCA), to recover cleanup costs. The Third Circuit held that the Buyer is liable for environmental cleanup costs incurred at the Site both before and after the Buyer acquired it. View "Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC" on Justia Law

The city’s General Plan policy LU-7 encourages new neighborhood commercial facilities and supermarkets to be located to maximize accessibility to all residential areas. Wal-Mart proposed to expand its store to add 36,000 square feet for a 24-hour grocery/supermarket. The city's draft environmental impact report (EIR) concluded the project was “consistent” with LU-7, stating: “There are no existing grocery stores within a 1-mile radius …project would install bicycle storage facilities and enhance pedestrian facilities to improve accessibility.” Objectors claimed that the project would close existing neighborhood-serving grocery stores, is located in a large commercial area, and would contribute to an over-concentrated area. The planning commission declined to approve the original EIR, citingPolicy LU-7. The city council granted an appeal. Previous litigation concerned noise and traffic impacts and resulted in a revised EIR and reapproval. Opponents then challenged the approval based on the General Plan. The trial court concluded the petition was barred by res judicata and the statute of limitations and that substantial evidence supported the approval. The court of appeal affirmed. The project is in a new growth area with increasing residential communities and is located at least a mile from the next closest supermarket but it may place stress on other local supermarkets. Considering the evidence as a whole, the decision was not palpably unreasonable, and did not exceed the city’s “broad discretion.” View "Atwell v. City of Rohnert Park" on Justia Law

Tennessee Valley Authority (TVA) operates the coal-fired electricity-generating Gallatin Fossil Plant on a part of the Cumberland River called Old Hickory Lake, a popular recreation spot. The plant supplies electricity to approximately 565,000 households in the Nashville area but generates waste byproducts, including coal combustion residuals or coal ash. The plant disposes of the coal ash by “sluicing” (mixing with lots of water) and allowing the coal ash solids to settle unlined man-made coal ash ponds adjacent to the river. The plant has a permit to discharge some coal combustion wastewater, which contains heavy metals and other pollutants, into the river through a pipe. Other wastewater is allegedly discharged through leaks from the ponds through the groundwater into the Cumberland River, a waterway protected by the Clean Water Act (CWA), 33 U.S.C. 1251. The district court found that TVA violated the CWA because its coal ash ponds leak pollutants through groundwater that is “hydrologically connected” to the Cumberland River without a permit. The theory is called the “hydrological connection theory” by the federal Environmental Protection Agency (EPA). The Sixth Circuit reversed, finding no support for the hydrological connection theory in either the text or the history of the CWA and related environmental laws. View "Tennessee Clean Water Network v. Tennessee Valley Authority" on Justia Law