Emphasizing First Amendment, Appellate, Environmental and Land Use Law
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Appellate Law . . . KenyonYeatesLLP emphasizes appellate representation on a diverse range of legal issues.

Charity Kenyon is President of the California Academy of Appellate Lawyers and has represented clients before the California courts of appeal and Supreme Court and the federal Ninth Circuit Court of Appeals. Ms. Kenyon has represented appellants as well as respondents, petitioners for extraordinary writs, as well as real parties in interest, in more than 130 appellate and writ proceedings, with more than thirty published decisions.

Ms. Kenyon has been the lead appellate attorney on noteworthy published decisions, concerning legal issues as diverse as sovereign immunity of Indian tribes, contractors licensing law, defamation, insurance, public contracts disputes, and the reporters' shield law including Agua Caliente Band of Cahuilla Indians v. Superior Court, 40 Cal. 4th 239 (2006); Fair Political Practices Commission v. Santa Rosa Indian Community, 123 Cal. App. 4th 672 (2004); Miller v. Superior Court, 21 Cal. 4th 883 (1999); Zukle v. Regents of University of California, 166 F.3d 1041, 132 Ed. Law Rep. 81 (9th Cir. 1999); Hossam Buzgheia v. Leasco Sierra Grove, 60 Cal. App. 4th 374 (1997); Beck Development Co., Inc. v. Southern Pacific Transportation Company, 44 Cal. App. 4th 1160 (1996); In re Keisha T., 38 Cal. App. 4th 200 (1995); Parish v. Peters, 1 Cal. App. 4th 202 (1991); Zellerino v. Brown, 235 Cal. App. 3d 1097 (1991); Alim v. Superior Court, 185 Cal. App. 3d 144 (1986); Nicholson v. McClatchy Newspapers, 177 Cal. App. 3d 509 (1986); Lewis v. Time, Inc., 710 F.2d 549 (9th Cir. 1983); Hammarley v. Superior Court, 89 Cal. App. 3d 388 (1979).

For more information, refer to the detailed resumé posted with Charity Kenyon's attorney bio.

Bill Yeates and Associate Attorney Keith Wagner have been lead appellate attorneys on noteworthy environmental, CEQA, and land use published decisions that are covered in the Environmental/CEQA and Land Use Practice Summaries. For more information, refer to the detailed resumés posted with Bill Yeates and Keith Wagner’s attorney bios.

First Amendment Law . . . KenyonYeatesLLP represents newspapers, television, and magazines as well as individuals seeking access to courts, public records and meetings, in defense of defamation and other tort actions including by anti-SLAPP motions to strike and in defense against subpoenas for unpublished information obtained during newsgathering. Charity Kenyon has represented local, state, and national media for over 25 years in state and federal courts, at the trial court and appellate court levels.

Ms. Kenyon’s published appellate court decisions include Miller v. Superior Court, 21 Cal. 4th 883 (1999) (shield law protects against criminal prosecutor subpoenas); Unabom Trial Media Coalition v. U.S. Dist. Court for Eastern Dist. of California 183 F.3d 949, (9th Cir.1999)(access to juror identities), SCI Sacramento Inc. v. Superior Court of San Joaquin County, 54 Cal. App. 4th 654 (1997) (shield law); In re Keisha T., 38 Cal. App. 4th 200 (1995)(access to juvenile court records); KOVR v. Superior Court, 31 Cal. App. 4th 1023 (1995)(intentional infliction of emotional distress); Mosesian v. McClatchy Newspapers, 205 Cal. App. 3d 597 (1988)(defamation); Alim v. Superior Court, 185 Cal. App. 3d 144 (1986)(defamation); Nicholson v. McClatchy Newspapers, 177 Cal. App. 3d 509 (1986)(defamation); Lewis v. Time Magazine, 710 F.2d 549 (9th Cir. 1983)(defamation).

KenyonYeatesLLP is an active member of the California Newspapers Association and California First Amendment Coalition. Honors earned include Charity Kenyon's listing in the Best Lawyers of America (First Amendment) and receipt of the Freedom of Information Award (Sacramento Chapter, Society of Professional Journalists).

For more information, refer to the detailed resumé posted with Charity Kenyon's attorney bio.

Public Contracts Law . . . KenyonYeatesLLP provides representation to entities competing for and performing contracts with the State of California and with other public agencies in the region.

Charity Kenyon has represented both protestants and intended awardees of state and local public contracts since the early 1980's. Examples of protests handled include Health and Welfare Data Center's Fingerprint Imaging Systems Contract for Welfare Programs, the PUC Clearinghouse Contract, the State Computer Store Contract, the DMV contract for driver licenses, identification cards and salesperson licenses, a Teale Data Center computer contract, and State Attorney General and Department of Health Services office building contracts. Successful defense of the protest of the DMV's award of the drivers license contract was affirmed by the court of appeal in NBS Imaging Systems, Inc. v. Board of Control, 60 Cal. App. 4th 328 (1997).

For more information, refer to the detailed resumé posted with Charity Kenyon's attorney bio.

Land Use . . . KenyonYeatesLLP represents clients who are concerned about the consequences of growth on their communities and their quality of life. For the most part in California, land use decisions are made at the local level based upon a general plan that establishes goals and policies for directing and managing growth. The general plan is the “blueprint” for a local agency’s long-range development. All future development must be consistent with general plan policies. As the general plan is a long-term “blue print” for the future of the community, local zoning ordinances provide the details about the immediate, allowable uses on property. The local zoning ordinances implement the policies set forth in the general plan.

Attorneys at KenyonYeatesLLP advise clients about whether a proposed general plan or a general plan amendment is consistent with the State Planning and Zoning Law. In addition, attorneys at KenyonYeatesLLP advise clients whether a proposed use is consistent with the general plan or the zoning ordinance. The firm’s attorneys help clients prepare and submit written and oral comments on a pending land use application. As in the case of Napa Citizens for Honest Government v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342, Attorneys at KenyonYeatesLLP represent clients who wish to challenge a local agency’s land use decision, because they do not believe the local land use action complies with the general plan or the State Planning and Zoning Law.

Within the coastal zone of California some land use decisions are governed by the California Coastal Act and implemented by local government and the California Coastal Commssion. On behalf of clients KenyonYeatesLLP attorneys have filed appeals of local agency decisions to the Coastal Commission and have represented clients at the Commission’s appellate proceedings.

KenyonYeatesLLP attorneys have also drafted, prepared, and defended local land use referendum and initiative petitions that seek to have the voters determine appropriate land use policy within a community. The voters’ inherent legislative power is protected by the California Constitution. However, provisions of the California Elections Code dictate the form and content of local initiative and referendum petitions. The attorneys at KenyonYeatesLLP have years of experience preparing initiative and referendum petitions throughout California.

The Land Use practice at KenyonYeatesLLP often overlaps with the Environmental/CEQA Practice as proposed land use actions often require environmental review under CEQA and affect other natural resource and endangered species issues.

For more information, refer to the detailed resumés posted with Bill Yeates and Keith Wagner’s attorney bios.

Environmental/CEQA . . . KenyonYeatesLLP provides representation and consultation on a diverse range of legal environmental issues. The firm emphasizes the review of environmental documents prepared by public agencies to comply with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). In addition to consultation and litigation on CEQA and NEPA matters, attorneys at KenyonYeatesLLP have represented clients in the following areas of environmental law: Federal and California Endangered Species Acts, Public Trust, State Planning and Zoning, Elections, California Coastal Act, Williamson Act, Integrated Waste Management Act, Water Quality and Supply, Fish and Wildlife, Surface Mining and Reclamation Act, and Off-Highway Motor Vehicle Recreation Act.

Attorneys at KenyonYeatesLLP have represented clients in the following noteworthy cases in the California Supreme Court and the First, Third, and Fifth Appellate Districts: Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora (2007) ___ Cal.App.4th ___ 2007 Cal.App. Lexis 1645.; Save Our Gateway v. Town of Paradise (2007, 3 DCA) (unpublished opinion); Protect The Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099; Napa Citizens for Honest Government v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342; Dry Creek Citizens Coalition v. County of Tulare (1999) 70 Cal.App.4th 20; Planning and Conservation League, et al. v. California Department of Fish and Game, et al. (1997) 55 Cal. App. 4th 479 (review granted and later dismissed as improvidently granted and opinion depublished); Stanislaus Audubon Society v. County of Stanislaus (1995) 33 Cal.App.4th 144; Western States Petroleum Association v. Superior Court (1995) 9 Cal.4th 559; Natural Resources Defense Council v. California Fish and Game Commission (1994) 28 Cal.App.4th 1104; and Pacific Coast Federation of Fishermen's Assn, et al. v. County of Tehama (1991) (unpublished opinion).

For more information, refer to the detailed resumés posted with Bill Yeates and Keith Wagner’s attorney bios.