For better or worse, the acute, chronic lack of housing in the Golden State is once again the focus of attention. An analysis published recently by U.C. Berkeley’s Terner Center for Housing Innovation shows that restrictive local zoning has inhibited the development of high-density housing projects in California. This report concludes that, notwithstanding market pressures … [Read more...] about State housing policies conflict with those of Los Altos and other cities as the struggle to solve California’s housing crisis moves to the courts
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California Supreme Court rules that San Diego’s medical marijuana zoning ordinance is a “project” requiring environmental review, marking a clear change in course
Several years ago, I had written in this blog about commercial real estate and land use challenges that were surfacing in connection with marijuana-related businesses. One of those posts focused on a March 2016 decision by California’s Fourth District Court of Appeal, which held that the City of Upland’s 2013 adoption of a zoning amendment banning mobile medical marijuana … [Read more...] about California Supreme Court rules that San Diego’s medical marijuana zoning ordinance is a “project” requiring environmental review, marking a clear change in course
Current challenges when highly appreciated California commercial real estate is owned by two or more people
The ownership of real property in California by more than one person can be one of the most complex situations that investors can get involved with. Nearly ten years ago, I prepared a special report that described various approaches for co-owners to employ to reduce the risks of holding title to commercial real estate. That guide discussed several options available to … [Read more...] about Current challenges when highly appreciated California commercial real estate is owned by two or more people
A divided Supreme Court changes the rules of regulatory takings disputes
From time to time over the past several years, I have written in this blog about various issues arising under the takings clause of the U.S. Constitution. Despite the apparent simplicity of this provision, which prohibits the government from taking private property for public use without just compensation, controversies regularly flare up regarding the question of indirect … [Read more...] about A divided Supreme Court changes the rules of regulatory takings disputes
California’s thorny ADA thicket continues to vex small businesses
Earlier this year, I wrote a brief post on what I saw as a spike in the number of claims brought in Silicon Valley under the Americans With Disabilities Act, after several of my commercial real estate clients were sued for alleged ADA violations. That piece evoked many similar observations, and was the genesis for a Santa Clara County Bar Association presentation on local ADA … [Read more...] about California’s thorny ADA thicket continues to vex small businesses