Case Studies

Analysis of landmark court decisions and high-profile administrative cases shaping California planning and municipal law.

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Sheetz v. County of El Dorado: The Supreme Court Closes the Legislative Fee Loophole

In April 2024, a unanimous Supreme Court held that Nollan/Dolan heightened scrutiny applies to impact fees imposed by legislative fee schedules — not just indiv…

The Woodside 'Mountain Lion' Case: When a City Tried to Use CEQA to Block the Builder's Remedy

In early 2022, the Town of Woodside declared itself entirely exempt from the builder's remedy by asserting the whole town was mountain lion habitat protected un…

The Beverly Hills Builder's Remedy Applications: High-Rise Housing in the Flats

In 2022-2023, Beverly Hills — out of compliance with its 6th cycle Housing Element — received builder's remedy applications for projects as tall as 18-20 storie…

Nollan v. California Coastal Commission: The Case That Rewrote the Rules on Permit Conditions

The U.S. Supreme Court's 1987 decision in Nollan v. California Coastal Commission established that the government cannot condition a land use permit on a develo…

California Building Industry Association v. City of San José: Settling the Constitutionality of Inclusionary Housing

The California Supreme Court's 2015 decision in CBIA v. City of San José definitively upheld inclusionary housing ordinances as valid land use regulation — not …

Friends of Mammoth v. Board of Supervisors: How CEQA Came to Cover Private Development

The California Supreme Court's 1972 decision in Friends of Mammoth v. Board of Supervisors of Mono County established that CEQA applies to any project requiring…

City of San José v. Superior Court: When Personal Devices Become Public Records

The California Supreme Court's 2017 ruling in City of San José v. Superior Court established that government officials' communications about public business on …

February 15, 2026