News pertaining to real estate and land use law.

SBRPA Files Legal Challenge To Halt Enforcement of Santa Barbara Rent Freeze and Eviction Restriction Ordinances

A lawsuit was filed by four separate apartment property owners as well as the Santa Barbara Rental Property Association (SBRPA) on April 3 in federal district court in Los Angeles seeking an injunction to stop the enforcement of the rent freeze and eviction restriction ordinances imposed by the City of Santa Barbara. (SBRPA v. City of Santa Barbara, City Council [ More... ]

By |2026-04-17T15:20:53-07:00April 7th, 2026|Complex Business Litigation, News, Real Estate & Land Use Law|
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Appeals Court Affirms Lower Court’s Decision In Favor Of Montecito Country Club Requiring Adjacent Neighbor To Remove Hardscaping and Landscaping Improperly Placed in Easement And To Restore Property To Previous Condition

The Second Appellate District Court of Appeal affirmed a lower court’s decision that property owners adjacent to Montecito Country Club must remove hardscaping and landscaping they installed without permission on an easement owned by the Country Club and restore the property to its previous condition. (Montecito Country Club, LLC vs. Kevin C. Root, et. al., 2nd Civ. No B341762, March [ More... ]

By |2026-03-13T08:42:19-07:00March 13th, 2026|Complex Business Litigation, News, Real Estate & Land Use Law|
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SBRPA To File Legal Challenge To Halt Temporary Santa Barbara Rent Freeze Ordinance

Calling the City of Santa Barbara’s temporary rent freeze ordinance illegal, the Santa Barbara Rental Property Association (SBRPA) is taking legal action against the city to invalidate the freeze, according to Cappello & Noël LLP, the law firm representing the association. The Santa Barbara City Council voted at its January 13, 2026 meeting to enact a Temporary Rent Increase Moratorium [ More... ]

By |2026-04-16T08:32:46-07:00March 3rd, 2026|News, Real Estate & Land Use Law|
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Judge Clears One-Story Deed Restriction From Property

In December 2024, a judge agreed that a one-story restriction contained in an 85-year-old deed on a single-family home in Hope Ranch was not enforceable. (Max Liskin, et. al. vs. Hope Ranch Park Homes Association, Marc A. Lowe, Pauline Lowe, et. al., December 15, 2024, Case No.: 22CV02239). The restriction was clearly unfair to the firm’s clients (the Lowe family) [ More... ]

By |2026-04-17T15:23:58-07:00January 10th, 2025|Complex Business Litigation, News, Real Estate & Land Use Law|
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Judge Rules Property Owners Adjacent To Montecito Country Club Must Remove Landscaping They Placed in Easement And Restore Property To Previous Condition

A Santa Barbara Superior Court judge ruled July 30 that property owners adjacent to Montecito Country Club must pay for the costs of removing landscaping they installed without permission on an easement owned by the country club and restore the property to its previous condition. (Montecito Country Club, LLC vs. Kevin Root, et. al., Case No.: 21CV02227, July 30, 2024) [ More... ]

By |2025-05-29T11:01:19-07:00September 26th, 2024|News, Real Estate & Land Use Law|
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SB Independent: Hollister Ranch Lawsuit Lives On to Fight Another Day

Eight attorneys were gathered, in person and virtually, in Santa Barbara Superior Court Judge Colleen Sterne’s courtroom on Monday morning, in the hope of influencing her ruling that saved a Hollister Ranch lawsuit from an early death. Three were from the state Attorney General’s Office, and one was Barry Cappello, arguably the litigator’s litigator in Santa Barbara. By Jean Yamamura Mon [ More... ]

By |2022-12-06T10:32:27-08:00December 6th, 2022|Environmental Law, Firm News, News, Real Estate & Land Use Law|
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Santa Barbara County Judge Sides With Montecito Homeowners in Trailhead Parking Dispute – SB Noozhawk

Santa Barbara Superior Court Judge Thomas Anderle sided with Montecito homeowners on Tuesday in the dispute over parking access to the Montecito Hot Springs. Anderle ruled that Santa Barbara County and its legal counsel violated a preliminary injunction by placing notices in front of 11 homes in Montecito, ordering the residents to remove their encroachments in the public right of way. "The letters [ More... ]

By |2025-06-17T13:57:48-07:00June 28th, 2022|Government Issues, News, Real Estate & Land Use Law|
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Judge Grants Montecito Homeowners Injunction Over Parking Plan for Hot Springs Trailhead

Four Montecito homeowners have won a temporary injunction to block Santa Barbara County from moving forward on a plan to install parking spaces along East Mountain Drive near the Hot Springs Trailhead.Superior Court Judge Donna Geck concluded that the county's parking plan cannot move forward until it is determined whether an environmental review is needed.The county wants to add parking spaces along [ More... ]

By |2022-08-31T20:11:17-07:00May 10th, 2022|Firm News, News, Real Estate & Land Use Law|
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Montecito Homeowners Take Legal Action Against County Over Parking for Hot Springs Trail

Four Montecito property owners are taking legal action against Santa Barbara County over the government's attempt to create up to 62 parking spaces for access to the Hot Springs Trail on East Mountain Drive. A hearing for a preliminary injunction against the county is set for May 6. Christopher Anderson, Ross Bagdasarian, Peter Barker and James Moreley are looking to stop the [ More... ]

By |2022-04-26T13:26:10-07:00April 25th, 2022|Firm News, Government Issues, Real Estate & Land Use Law|
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Lake Tahoe Homeowner Sues Real Estate Brokers Alleging Fraud and Conspiracy in Property Transaction

Owners of a newly purchased lakefront home on the west shore of Lake Tahoe are suing their real estate brokers and agents for fraud, breach of fiduciary duty, conspiracy, aiding and abetting, and negligent misrepresentation. (Homewood Camp LLC, et al. vs. Darin Vicknair, Michael Oliver, Oliver Luxury Real Estate, et. al, July 29, 2020, U.S. District Court, Eastern District, Case [ More... ]

By |2020-09-14T15:57:46-07:00September 1st, 2020|Firm News, News, Real Estate & Land Use Law|
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