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KEEPING UP: DAN CURTIN (1933w2006) 8A Page 24 The League of California Cities lost a true friend last week with the passing of Dan Curtin. Dan was the official "Dean" of planning and land use in California (The University of California, Irvine, actually bestowed this honorary title on Dan in 1985). Indeed, it would be hard to find a city attorney, planner, or land use profes~ sional who had not consulted one his publications or attended one of his seminars. Dan's contributions to the field of land use and planning law are innumerable. Dan was among the first to specialize and define the practice area. The binder that he prepared for the classes he would teach in the 19705 became the basis for the Curlin's California Land Use and Planning Guide. That book-which has been updated annually and in its 26th edition-remains a "must-have" desk reference because it so clearly lays out the sys- tem that Dan personaUy developed for under- standing and implementing land use law. More than anyone, Dan shaped the general plan as the center point for land use decision- making. In Lesher Communications v. City of Walnut Creek, the California Supreme Court adopted Dan's phrase that describes the general plan as the "constitution for all future develop- ment." Several years later, in DeVita v. County of Napa, the court accepted the notion of "vertical consistency" that Dan had been teaching for years: that all key development decisions must be consistent with the general plan. Dan also taught that cities and counties have broad authority to promote the public welfare. He brought this issue to life in memorable ways. For example, when he discussed the seminal case of Ewing v. City of Carmel-by-the-Sea (involving an ordinance prohibiting short term residential rent- als), he quoted the trial court judge to highlight the point that courts should defer to local decisions: ~I think this is a terrible law, but I'm only a lowly judge -I don't have the policy-making authority that the city council has." The take-home message to countless plan- ning commissioners and council members was clear: you have all the power you need to promote your city's vision if you'll use it. (This is when he would say, ~It's like Dorothy in the WIzard of Oz: you had the power all along.") Dan's career started in the California Legisla- ture where he served as counsel for the Assembly Committee on Local Government in 1959. He then joined the city attorney community, serving four years as the deputy city attorney for Rich- mond (1961-1965) and 17 years as city attorney for Walnut Creek (1965-1982). Dan was the League's City Attorney Department president in 1973 and served on the League's board of direc- tors. Dan also helped found and served on the first legal advocacy committee, which has met continuously ever since. In 1986, the League officially recognized his years of service and contributions to planning in California cities at its annual conference. Continued on Page 3 PAGE 2 - PRIORITY FOCUS December 15, 2006 . Issue #48 Visit the League's Official Website-www,cacltles,o,g