Author Archives: Admin

example of preliminary injunction denied (Marquez Knolls)

Many view rights cases are effectively decided at the TRO or preliminary injunction stage, to stop construction of the new or bigger home or structure.   Thus, both sides have to present their best evidence at the beginning of the case. … Continue reading

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injunction granted – for failure to obtain HOA’s Architectural Committee approval

The recent Tesoro del Valle Master Homeowners Association v. Griffin case provides a good example of power of a well-functioning HOA/ Architectural Control Committee to deny a homeowner’s construction project, and to its right and power to go to court for injunctive … Continue reading

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View Rights; Ocean Views; Trees; Spite Fences; and Jury Instructions

On April 15, 2011, the Fourth District of the Court of Appeal issued a decision reversing the San Diego Superior Court in a spite fence case. Vanderpol v. Starr, filed April 15, 2011, Fourth District, Div. One, Cite as D056599. The … Continue reading

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Inverse Condemnation 101; Property Owners Near LAX Lose

On April 12, 2011, the Second District of the Court of Appeal issued its decision in City of Los Angeles v. Superior Court (Plotkin) (Court of Appeal Case No. B225082). The case provides a good overview of inverse condemnation law.

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New L.A. Ordinance Restricting Size Of Hillside Homes: Baseline Hillside Ordinance

There is another tool in the view rights arsenal: On April 6, 2011, Los Angeles Mayor Antonio Villaraigosa signed new Baseline Hillside Ordinance (“BHO”) (also commonly referred to as the Hillside Mansionization Ordinance), which goes into effect on May 9, … Continue reading

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Sparkplug Keith Turner Plays a Key July 4 Role

By Sue Pascoe, Palisadian Post Attorney Keith Turner has won a 2010 Sparkplug Award from the Community Council for organizing the live music concert held at the Palisades High School football stadium before the Fourth of July fireworks show. “I was … Continue reading

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