Following up on last week’s post, Gideon Kanner calls our attention to this summer’s case of Clover Valley Foundation v. City of Rocklin. As Prof. Kanner wrote at the time in the L.A. Daily Journal:
This was a lawsuit challenging a housing project on environmental grounds some 30 years after the subject property was zoned for housing development, 20 years after the developer’s request for a permit, and after 10 years of planning and environmental review, plus a nearly one-half reduction in the number of permitted dwellings, a five-fold increase in open space, and after millions of dollars were exacted for in-lieu payments. The city approved the project in 2007.
Then the NIMBYs attacked in court. To its credit, the court in effect said “enough already” and rejected the NIMBY challenge. But the court also said that this was a case in which environmental laws “worked.” I would hate to see what it would take for their Lordships to acknowledge a case in which those laws didn’t work.
For more of a flavor of the Clover Valley case, see the write-up from the Meyers Nave law firm.