Table of Contents

• Publication year: 2017

Table of Contents

Goat Hill Tavern: A Retrospective...................................7
By Donna Mooney

This year marks the silver anniversary of Goat Hill Tavern v. City of Costa Mesa, a case that applied an "independent review" standard for a city's decision to phase out a non-conforming use rather than to permit its expansion and continuation. This article looks at related caselaw during the 25 years since the decision and notes that decision-makers and trial courts have often found enough evidence in the record to justify limitations on non-conforming uses even under this stricter standard.

MCLE Self Study Article: Climate Disruption and Sea Level Rise: Legal Issues for Coastal Land Use in California...........................12
By Tim Duane, J.D., Ph.D.

Climate change threatens California in multiple ways, and sea level rise is one that can cause significant disruption of property uses. This article summarizes the key findings of climate change science, and discusses the applicable common law principles and relevant statutes in relation to sea level rise now and in the future.

A Modern Take on a Venerable Doctrine: Navigating the Tidelands Trust in California........29
By Donnell Choy, Daniel Connolly, and Eugene Park

The State Tidelands Trust is a variant of the fundamental public trust doctrine that affects, and often circumscribes, real property transactions of current or former tidelands throughout the State. This article provides an overview of the Tidelands Trust and describes certain situations in which the Trust impacts real property and public law practitioners.

Scher v. Burke—The Doctrine of Implied Dedication to a Public Use for Roadways and Recreational Use in California; Implications for Public Policy and Private Real Property Rights......34
By Douglas...