Municipal and Special Districts

A Public Entity Risks Incurring Inverse Condemnation Taking Damages If It Prevents Development Of Property Designated For A Public Use At Some Unknown Future Date

May 21, 2015 | Bulletin No. 1257683.1

In Jefferson Street Ventures, LLC v. City of Indio (April 21, 2015, Civil No. G049899) ___ Cal.App.4th ___), the Court of Appeal addressed whether a city can deny development of property it anticipates needing for a public project at some unknown future date.  In that case, the City of Indio ("City") denied an owner permission to develop property it identified as potentially required for an interchange.  At the time, the City was not in a position to acquire the property, and construction of the interchange would not occur for several years.  Although undeveloped property would presumably cost less for the City to acquire, the Court rejected the City's cost saving rationale.  It held the City liable for damages since the denial of development constituted an invalid taking of the private property.

How to Set-up an EIFD: Moving Beyond Redevelopment & Creating New Infrastructure and Economic Development at All Scales

 
 
Event Information

Date:

Friday, April 24, 2015

Location:

Los Angeles, CA

Sponsored By:

The Southwest Megaregion Alliance, the California Economic Summitt, and the Southern California Association of Governments

Seminar:

The Funding Tool for 21st Century Projects: California's Enhanced Infrastucture Finance Districts

Presenters:

Jon E. Goetz

Jon is joined by several panelists during this full-day seminar focused on EIFDs

 

 

 
 

Public/Private Projects: Success Stories Using New Transition Tools

 
 
Event Information

Date:

Thursday, June 11, 2015

Location:

Los Angeles Athletic Club
431 West 7th Street
Los Angeles, CA

 

Sponsored By:

The Seminar Group

 
 

Court: City's Tiered Water Rates Do Not Meet Prop. 218’s Cost-of-Service Mandate

April 21, 2015 | Bulletin No. 1249858.4

Many water suppliers throughout California employ a "tiered" rate system.  Under these systems, the cost of each unit of water increases as a customer’s usage increases.  In Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano (April 20, 2015) ____ Cal.App.4th ____ the Court of Appeal declared that, while a tiered rate structure can comply with the requirements of Proposition 218, the City of San Juan Capistrano's (the "City") "tiered" rate system violates Proposition 218 (Article XIIID of the California Constitution) because it is not based on the cost of providing service at the corresponding level of usage.

Courts Disagree On How Much Money A Public Entity Can Retain In Disputes Involving Public Works Contracts

April 7, 2015 | Bulletin No. 1243481.2

A recent court decision has introduced uncertainty as to the amount of money a public entity can retain upon completion of a public works contract.  Public Contract Code section 7107 allows a public entity to retain funds otherwise due to a contractor based upon liens or in the event of a dispute between the public entity and the original contractor.  If, however, the public entity wrongfully retains funds, section 7107 subjects the public entity to a penalty of two percent per month on the wrongfully withheld amount plus an obligation to pay the contractor's attorney's fe

Sunnyvale’s Large Capacity Magazine Ban Survives Appeal - Preliminary Injunction Denied

March 17, 2015 | Bulletin No. 1236361.1

In 2013, the voters of the City of Sunnyvale (“City”) approved a measure restricting high capacity magazines. The measure was contested, and in Fyock v. City of Sunnyvale (9th Cir. 2015) ___ F.3d ___, the 9th Circuit upheld the ordinance, by affirming the trial court's denial of a preliminary injunction that would have prevented Measure C from going into effect.

CDA & IDA 2015 Forum | Economic Development Success - After Redevelopment

 
 
Event Information

Date:

Tuesday, March 10, 2015

Time:

10:30 - Noon

Location:

The Georgian Hotel
1415 Ocean Drive
Santa Monica, CA

Sponsored By:

California Downtown Association and International Downtown Association
West Coast Urban District Forum 2015 (March 9-11, 2015)

 
 

California Supreme Court Strikes Down Sex Offender Residency Restrictions In San Diego County

March 5, 2015 | Bulletin No. 1233113.1

In November 2006, California voters approved Proposition 83, also known as "Jessica's Law." Jessica's Law imposed many restrictions on sex offenders, including residency restrictions (the "Residency Restrictions"). The Residency Restrictions make it unlawful for registered sex offenders to reside within 2000 feet of schools or parks.

California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA

March 3, 2015 | Bulletin No. 1231998.1

On March 2, 2015, the California Supreme Court issued its long-awaited opinion in Berkeley Hillside Preservation v. City of Berkeley, which establishes a two-part test for application of the California Environmental Quality Act’s (“CEQA”) unusual circumstances exception to categorical exemptions.  Categorical exemptions exempt certain kinds of projects from CEQA review. 

Not "Clearly Frivolous" - City Loses Attorney's Fees in Public Records Act Case

February 5, 2015 | Bulletin No. 1180735.1

Although often mentioned as a possible remedy when defending meritless Public Records Act (PRA) lawsuits, it is actually very difficult for public agencies to obtain attorneys’ fees and costs when they prevail in PRA litigation. In practice, Courts may only award such fees and costs when a plaintiff's case is "clearly frivolous." As an example, in Bertoli v.

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