AgdaPkt 2004-07-12 - Laserfiche WebLink

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L1.A- )4 RECENT LEAGUE FRIEND-OF-THE-COURT FILINGS The League would like to provide special and state chapters of the National Association of thanks to the individuals listed below, who wrote Telecommunications Officers & Advisors. The name friend-of-the-court letters or briefs, for their of the case is Abrams v. City of Rancho Palos volunteer efforts on behalf of the League. Follow- Venies, 354 F.3d 1094 (gatl Cir. Jan. 15,2004). ing guideline changes relating to the League's friend-of-the-court participation that were adopted Drug and Gang Related Activity on Rental in 2002, typically briefs are filed on behalf of the League rather than on behalf of joining cities. Property and "No Fault" Evictions League action and a brief summary of the The League filed a friend-of-the-court brief with the court of appeal at the request of the court urging case appear below. Copies of the filings are the court to uphold a city ordinance that empowers available at: www.cacities.org/recentfilinas. the city and landlords with the ability to institute eviction proceedings against tenants if their rental Access to Peace Officer Personnel Records unit is being used for illegal drug or gang activity. The League filed a friend-of-the-court letter The League thanks Matt Gorman with Alvarez- seeking depublication of a court of appeal opinion Glasman & Colvin and Arnold Alvarez-Glasman, concluding that the Attomey General may chal- City Attorney, Bell Gardens, Montebello, lenge the sufficiency of a motion requesting Pomona, South EI Monte and West Covina for access to the personnel records of municipal writing the brief on behalf of the League. The peace officers, known as a Pitchess motion. The name of the case is Cook v. City of Buena Park. No. League argues that an attorney representing the G031326 (4th Dist, Div. 3). municipality, as the custodian of the personnel records and representative of the police officer, should have had the opportunity to challenge the Distribution of Free Tobacco Products request, not the Attorney General. The League filed a friend-of-the-court brief The League thanks Kim Westhoff, Deputy urging the California Supreme court to uphold a court of appeal decision concluding that a tobacco City Attorney, City of Los Angeles for writing company's distribution of free cigarettes at public the letter on behalf of the League. The name events violated state law, and was subject to fines. of the case is People v. Johnson, 118 CaI.App.4th The brief argues that federal law regulates the 292, 12 Cal.Rptr.3d 885 (4th Disl. May 4, 2004). "promotion- of tobacco product, and state law may regulate distribution. local Zoning Authority and Siting Telecommu- nication Antennas The League thanks Hannah Bentley with Colantuono & Levin for writing the brief on The League filed a friend-of-the-court brief behalf of the league, CSAC and the Tobacco with the United States Supreme Court urging the Assistance Legal Center. The name of the case is Supreme Court to hear a case involving whether People v. R.J. Reynolds Tobacco Company, No public agencies may regulate the use of private S121009. property to construct wireless facilities, and whether they are liable for attorney fees if they fail Disclosure of Project End User Not Required to issue permits. The Ninth Circuit Court of Ap- peals concluded the ability of local agencies to Under CEQA regulate in this area is preempted by the Telecom- The League filed a friend-of-the-court brief with munications Act, and that they may be liable for the court of appeal urging the court to uphold a attorneys fees. lower court decision concluding that the disclosure The League thanks William Sanders, Deputy or identity of the end user of a project is not ra- City Attorney, City of San Francisco, for writ- quired because it does not impact the environmental ing the brief on behalf of the league, CSAC, Continued on PalJ8 7 PAGE 4/PRIORITY FOCUS Visit the League's Off"lCial Web Site--www.cacities.org