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California Municipal Law Blog

Landmark Decision Provides for Greater Federal Property Rights Suits

by on June 26, 2019

posted in Recent Court Decisions, U.S. Supreme Court,

On June 21, 2019, the Supreme Court paved the way for property owners to sue local, county, and state governments in federal court. In a 5-4 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019) the United States Supreme Court overruled the precedent set by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).  ... Continue Reading

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tags: Inverse Condemnation, Knick v. Township of Scott, Takings Clause, United States Supreme Court,

Vazquez Determines that Dynamex ABC Test for Independent Contractors Applies Retroactively

by on June 7, 2019

posted in Employment Law,

In Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (2019) (Vazquez) the United States Court of Appeals for the Ninth Circuit ruled that the ABC test established in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018) (Dynamex) can be applied retroactively. At issue in Dynamex was whether or not delivery drivers working for Dynamex Operations West Inc., a transportation company, should be classified as independent contractors or employees. In that case the Supreme Court of California established an ABC test to determine whether a person is to be classified as an independent ... Continue Reading

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tags: ABC Test, Dynamex Test, Independent Contractors,

New Legislation Holds Charter Schools to Same Standards as Public Schools

by on March 6, 2019

posted in Legislative Updates,

SB 126 was one of the fastest pieces of legislation to be signed by Governor Gavin Newsom – going through both houses in seven weeks. The new Education Code Section 47604.1 will require charter schools to follow the same state guidelines on public records (California Public Records Act), open meetings (Brown Act), conflicts of interest (Political Reform Act of 1974, Government Code 1090) that apply to public schools. Charter board members are also prohibited from voting on contracts where they have a financial stake.  ... Continue Reading

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tags: Brown Act, California Public Records Act, Charter Schools, Government Code 1090, Political Reform Act,

Health and Safety Code Receivership Super-Priority Liens Upheld by Court of Appeal

by on March 2, 2019

posted in Code Enforcement, Recent Court Decisions,

In a published opinion filed on February 26, 2019, the California Court of Appeal for the Second District upheld the use of super-priority liens to fund rehabilitations of residential properties under Health and Safety Code section 17980.7. At issue in City of Sierra Madre v. SunTrust Mortgage, Inc. was whether the trial court abused its discretion when it authorized the receiver to borrow $250,000, secured by a super-priority lien, to fund the remediation of residential property.  ... Continue Reading

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tags: Health and Safety Code, Lien Priority, Liens, Receiverships,

Brown Act Committee Exception on Public Comment May Not Apply to Special Meetings

by on February 27, 2019

posted in Meetings, Recent Court Decisions,

“If you will it, it is no dream…” In an unpublished opinion filed on February 22, 2019, the California Court of Appeal for the Second District held that the City of Los Angeles violated the Brown Act when the Los Angeles City Council prevented a member of the public from commenting on real estate development at a special meeting. At issue was the application of the so-called “committee exception” to the requirement that members of the public be allowed to address the legislative body “before or during” its deliberations on an item of business.  ... Continue Reading

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tags: Brown Act, Committee Exception,

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