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Marshall, City of v. Uncertain, City of

The court holds that while §11.122(b) of the Texas Water Code significantly restricts the issues that may be reviewed in a contested-case proceeding, it does not altogether preclude one when a proposed water rights amendment requests a change in use but does not seek to increase the amount of w...

In re Special Grand Jury 89-2

The court reverses and remands a lower court decision denying petitions brought by members of a federal grand jury empanelled to investigate possible environmental crimes at the Rocky Flats Nuclear Weapons Plant in Colorado. The petitions seek the release of certain documents and the lifting of thei...

Seagull Energy E&P, Inc. v. Eland Energy, Inc.

The court holds that the sale of an oil and gas working interest, which is subject to an operating agreement, does not release the seller from any further obligations to the operator. Despite selling its working interest, the seller remains liable under the operating agreement unless released by the...

Gilroy Citizens for Responsible Planning v. Gilroy, City of

A court upholds a city's approval of a construction project for a big box retail store. A citizens group argues that the city violated the California Environmental Quality Act (CEQA) by failing to comply with procedural requirements and by failing to include a study of certain adverse impacts and mi...

Turlock Irrigation Dist. v. Zanker

A court affirms a lower court decision that water districts have an obligation to provide treated water to a town for domestic and other needs but that the cost of treatment may be passed along to the consumer. The water districts' obligation to provide domestic water supply can be found in the lang...

Save Our Neighborhood v. Lishman

A court reverses a lower court decision denying a petition challenging a city's approval of a construction project for a hotel, gas station, and convenience store complex. The city's reliance on an addendum to a mitigated negative declaration for the project, instead of independent environmental rev...

Schneider v. California Coastal Comm'n

A court holds that the state legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating development. Consequently, the California Coastal Commission erred in imposing special conditions on a developer's permit to build a residence and must rehear th...

Big Creek Lumber Co. v. Santa Cruz, County of

The court holds that the California Timberland Productivity Act of 1982 (TPA) and general state forestry law do not preempt two county zoning ordinances relating to the permissible locations for timber operations. One ordinance restricts timber harvesting to specified zone districts within the count...

Eadie v. Town Bd. of N. Greenbush

A court upholds the dismissal of residents' state- and local-law claims challenging the rezoning of a large area of land for retail development. The rezoning does not require a three-fourths majority vote of the town board because the residents' protest petition that sought to require a supermajorit...

San Diego, County of v. Grossmont-Cuyamaca Community College Dist.

A court reverses a lower court decision denying a petition challenging a community college district's approval of a large construction and remodeling project. The district prejudicially abused its discretion by certifying a final environmental impact report (EIR), adopting a statement of overriding ...