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Inadvertent Public Records Act Release of Attorney Work Product Does Not Necessarily Waive Privilege
| Bulletin No.
The Public Records Act (PRA) generally provides that documents retained by a public agency must be disclosed to the public. However, the PRA includes various exceptions. One such exception is that documents subject to the attorney-client and attorney work product privileges need not be disclosed. That being said, Government Code section 6254.5 provides that once a privileged document is "disclosed" by a public agency, the privilege is waived and the document must be disclosed to any member of the public.
The U.S. Supreme Court Confirms That The Constitution Requires The Government To Pay Just Compensation When It Directly Appropriates Personal Property
June 29, 2015 | Bulletin No.
It is generally understood that the Fifth Amendment of the United States Constitution requires the government to pay just compensation if it takes a person’s real property. Must the government also pay just compensation if it takes personal rather than real property?
June 25, 2015 | Bulletin No.
Municipalities throughout the country have many different types of sign ordinances. Some ordinances distinguish signs by their subject matter. For example, an ordinance might apply stricter rules to "Event Signs" than "Political Signs."
California Supreme Court Upholds City of San Jose’s Inclusionary Housing Ordinance as a Valid Land Use Regulation, Not an Exaction or Taking
June 17, 2015 | Bulletin No.
Like more than 170 cities in California, the City of San Jose (City) enacted an inclusionary housing ordinance requiring all new residential development projects of 20 or more units to sell at least 15 percent of the units at a price that is affordable to low- or moderate-income households (Ordinance). The California Building Industry Association (CBIA) challenged the Ordinance as an unconstitutional exaction, claiming that the City did not properly justify the relationship between the Ordinance and the adverse impact that the development projects subject to it would create.
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
Friday, April 24, 2015
Los Angeles, CA
The Southwest Megaregion Alliance, the California Economic Summitt, and the Southern California Association of Governments
The Funding Tool for 21st Century Projects: California's Enhanced Infrastucture Finance Districts
Jon is joined by several panelists during this full-day seminar focused on EIFDs
Thursday, June 11, 2015
Los Angeles Athletic Club
The Seminar Group
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
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.
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