Municipal Law Updates
February 19, 2021
Voter initiative ballot measures to impose special taxes do not need 2/3 voter approval
Summary In City and County of San Francisco v. All Persons Interested in Matter of Proposition C, 51 Cal. App. 5th 703 (2020), the California Court of Appeal held that San Francisco’s (“City”) Proposition C (“Prop C”) was validly passed by the electorate with a simple majority. Prop C was a voter-sponsored initiative that imposed…
February 18, 2021
Cities can be reimbursed by the State for certain costs associated with compliance with stormwater discharge permit requirements.
Summary In Department of Finance v. Commission on State Mandates (2021) 59 Cal.App.5th 546, the Court of Appeal for the Second Appellate District held that city costs associated with installing and maintaining trash receptacles at transit stops in compliance with stormwater drain permits are reimbursable by the State of California, but costs associated with inspection…
December 3, 2020
Oakland’s suit against Wells Fargo for predatory lending practices based on race can seek lost property-tax revenue
Summary In City of Oakland v. Wells Fargo & Co., 972 F.3d 1112 (9th Cir. Cal. 2020), the Ninth Circuit Court of Appeals held that cities can seek injunctive relief and recovery of lost property-tax revenue from banks that violate the Fair Housing Act by using predatory lending practices against minorities. The Ninth Circuit held…
November 18, 2020
State law addresses Brown Act implications of social media use by members of a legislative body
AB 992 In a world that communicates with posting, reposting, texting, screenshotting, tweeting, liking, disliking, happy or sad emojis and commenting on posts, it was inevitable that public officials would enter onto that internet “platform” and communicate their thoughts and ideas to anyone who had access to a computer. Instead of stepping into the local…
November 18, 2020
Court of Appeal clarifies procedures and deadlines under Eminent Domain Law
Summary The Court of Appeal in Rutgard v. City of Los Angeles, 52 Cal. App. 5th 815 (2020) held that a public agency desiring to retain condemned property that has not yet been put to public use must adopt a reauthorization resolution within ten years of the initial resolution declaring the public need. The Court…
October 26, 2020
Exception to mobile billboard ordinance for “authorized vehicles” is likely an invalid content-based restriction on free speech.
Summary A city ordinance that prohibited mobile billboards except for “authorized vehicles” including emergency vehicles and construction/maintenance vehicles is a content-based restriction on free speech and presumptively invalid. Discussion In 2016, the City of Simi Valley (“City”) adopted an ordinance that prohibits the parking or standing of mobile billboard advertising displays on city streets. The…
October 21, 2019
California Supreme Court clarifies that to be liable in inverse condemnation, damage to private property must be substantially caused by inherent risks associated with the design, construction, or maintenance of a public improvement.
I. SUMMARY The California Supreme Court recently held1 that the City of Oroville (“City”) was not liable in inverse condemnation when untreated sewage backed up into a dental office because the property owner failed to demonstrate the resulting damage was substantially caused by inherent risks in the design, construction, or maintenance of the sewer system….
April 8, 2019
City council meeting agendas must be posted prominently on a city’s internet homepage and must be searchable by commonly used internet search applications
SUMMARY In 2016, the Legislature adopted Assembly Bill 2257 (“AB 2257”) which amended Government Code Section 54954.2 by adding new requirements for posting city council agendas. Effective January 1, 2019, Gov. Code Section 54954.2(a)(2) requires that meeting agendas for all “legislative bodies” be posted on a city’s internet homepage, be retrievable, downloadable, indexable, electronically searchable,…
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