AgdaPkt 2003-09-08 - Laserfiche WebLink

Browse Search

A/s ADVOCATING CITIES' INTERESTS BEFORE THE COURTS: RECENTLY FILED BRIEFS The League would like to provide special thanks to the volunteer brief writers listed below for their efforts on behalf of the League. League action and brief summaries of the cases appE 3r below. I - Regulating False and Misleading Statements in Voter Pamphlets The League recently filed a friend -of- the -court brief with the court of appeal in a case involving a local agency's ability to keep statements made by a community organization out of the ballot pam- phlet. The League thanks Michael Houston with Rutan & Tucker for writing the friend- of -the- court brief on behalf of the League to the court of appeal. fiscal burdens. The League thanks Zach Cowan, Assistant City Attorney, Berkeley, for writing the letter in support of review to the Califor- nia Supreme Court The case involves the transition of a former military base, Ford Ord, to a civilian use as a state university. At issue are the costs of traffic impacts and fire safety associated with the transition, and whether they are the responsibility of the university or the local public agencies that are impacted. The court of appeal concluded that the university could not be compelled to pay for the mitigation of the traffic impact and fire safety services. It reasoned that if the university were required to pay for the costs to mitigate the impacts they created, it would constitute a tax on public property in violation of the state constitution. Local governments have the ability to regulate elections to ensure that they are honest and fair. In this case a local agency sued to keep state- ments made by a community organization out of the ballot pamphlet. The agency determined that the statements were false and misleading. The community organization argues that local agency's action constituted a strategic lawsuit against public participation (known as a SLAPP suit). The local agency argues that anti - SLAPP suits are not available to challenges involving mislead- ing and false statements in voter information pamphlets. The ability for local agencies to challenge such statements, and to prevent them from appearing in voter information pamphlets is necessary to preserve the integrity of the voting process The name of the case is Moraga Del Rey Homeowners Association v. Moraga- Orinda Fire Protection District (No. Al01235)(1st Dist.). CEQA and Mitigation Costs Involving Public Entities The League wrote a letter urging the California Supreme Court to review a case involving whether a state agency is required to pay for the costs to mitigate the impacts created by their project. A court of appeal concluded that they are not re- quired, exposing local governments to increased This troubling conclusion overrides the legal requirements of the California Environmental Quality Act that government agencies consider, and if feasible mitigate, the impacts of their projects. The name of the case is City of Marina v. Board of Trustees of the California State Univer- sity, 109 Cal. App. 4'h 1179(6 1h Dist. Jun. 17, 2003). Increased Liability for Takings Claims The League is urging the court of appeals to grant rehearing in a case would increase claims and litigation by landowner that are unsatisfied with the outcome of land use decision made by local agencies. The League thanks Fran Layton with Shute, Mihaly & Weinberger for writing the letter in support of rehearing and rehearing an banc on behalf of the League to the court of appeals. The Supreme Court has previously concluded that an individual may not bring a takings claim before the federal court until the individual has: (1) been denied compensation by the state; and (2) has received a final determination from the regula- tory agency regarding how the property may be developed. The case arose in the context of dissatisfied landowner after a local agency denied his request for land use permits to develop his Continued on Page PAGE 2 /PRIORITY FOCUS Visit the League's Official Web Site -- www.cacities.org