|
-Environmental Law- Environmental impact report for subdivision consisting of a specified number of lots for single family residences was not rendered inadequate by its failure to discuss possibility that future owners of the lots might obtain permits to build second, smaller dwellings on the lots where such possibility was purely speculative, and any such application would be subject to planning commission’s discretion. EIR failed to adequately analyze possible land exchange with federal Bureau of Land Management as an alternative to project where analysis was based on premise that BLM did not want the property, which was effectively contradicted by the BLM in its comments--which indicated that it was developer, not BLM, that was unwilling to participate in a land exchange--and where EIR included no meaningful information regarding any physical features, hydrological characteristics, views from the property, access to trails, or other attributes relevant to the suitability of the BLM property for the project. EIR adequately analyzed project’s impacts on special status species where its conclusion of "no significant impact" was supported by a physical survey of the project site, interviews with local agency personnel and wildlife experts, information from the California natural diversity data base, and local records. EIR adequately analyzed visual impacts of certain structures that were not specifically mentioned where public and decisionmakers were informed of their existence and could readily understand that they might be visible from outside the project, and EIR acknowledged that project would have a significant, irreversible adverse impact on existing scenic views of the area. Save Round Valley Alliance v. County of Inyo (Walters) - filed December 17, 2007, Fourth District, Div. Two Cite as 2007 SOS 7358 Full text http://www.metnews.com/sos.cgi?1207%2FE041364 -Insurance- Insurer owed no duty to defend plaintiffs in a defamation action brought against them under terms of policy providing a defense and coverage for specified claims caused by an "occurrence," which it further defined as an "accident," where plaintiffs offered no extrinsic evidence to support their characterization of their allegedly defamatory conduct as negligent. Insurer owed no duty to defend plaintiffs on bodily injury claim where undisputed evidence established that injury stemmed from underlying defamation claim that was not covered by policy. Stellar v. State Farm General Insurance Company - filed November 27, 2007, publication ordered December 18, 2007, Second District, Div. Two Cite as 2007 SOS 7370 Full text http://www.metnews.com/sos.cgi?1207%2FB195728 -Real Property- Tenant's preemptive purchase rights under a commercial lease are not triggered by the conveyance of an interest in the property between copartners in a family limited partnership that owns the property and is the landlord. Bill Signs Trucking, LLC v. Signs Family Limited Partnership - filed December 18, 2007, Fourth District, Div. One Cite as 2007 SOS 7374 Full text http://www.metnews.com/sos.cgi?1207%2FD047861
|