March 29, 2017

Land use opinion filing tomorrow

Tomorrow morning, the Supreme Court will file its opinion in Banning Ranch Conservancy v. City of Newport Beach, the last undecided case from the January calendar.

Banning Ranch raises these issues:  (1) Did the City’s approval of the project at issue comport with the directives in its general plan to “coordinate with” and “work with” the California Coastal Commission to identify habitats for preservation, restoration, or development prior to project approval?  (2) What standard of review should apply to a city’s interpretation of its general plan?  (3) Was the city required to identify environmentally sensitive habitat areas – as defined in the California Coastal Act of 1976 (Pub. Resources Code, § 3000, et seq.) – in the environmental impact report for the project?

The opinion can be viewed tomorrow starting at 10:00 a.m.

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