California Municipal Law Blog
by Derek P. Cole on January 26, 2015
posted in
Recent Court Decisions, Zoning,
A cellular carrier applies for entitlements to erect a cell tower that a city council finds objectionable. The council wishes to deny the application. How and when must the council communicate the reasons for the denial to the applicant?
In T-Mobile South, LLC v. City of Roswell, the United States Supreme Court answered these questions. It confirmed that denials of cell tower applications must be in writing, but not necessarily in a specific format, such as a formal statement of denial. The Court also clarified that the denial must be communicated about the same time as the denial is made.
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tags:
Cell Towers, Telecommunications Act of 1996,
by David G. Ritchie on January 24, 2015
posted in
Employee Benefits, Recent Court Decisions, Retirement,
The California Court of Appeal, Fourth District, recently held, in Deputy Sheriffs’ Association of San Diego County v. County of San Diego, that the implementation of new defined benefit formula provisions for “new members” does not impermissibly impair agreements with employee groups where the pre-existing agreements contain conflicting terms.
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tags:
CalPERS, MOUs, PEPRA, retirement benefits,
by Derek P. Cole on January 19, 2015
posted in
Elections, Medical Marijuana,
Efforts to legalize marijuana continued to pick up steam in last November’s elections with voters in Oregon, Alaska, and Washington, D.C., approving legalization measures. Most expect California voters to follow suit in 2016.
Considering this trend, one is tempted to conclude that marijuana is on an unstoppable winning streak at the polls. A closer look reveals this may not be the case.
In November, voters in three rural counties defeated measures intended to repeal or relax local marijuana cultivation standards. All three measures were supported by patient advocates who claimed the ordinances ... Continue Reading
tags:
Election, Initiatives, Marijuana Legalization, Referendums, Rural California,
by Derek P. Cole on December 16, 2014
posted in
Emergency Medical Services,
The following is from the Introduction of the article, “‘Grandfathering’ of Emergency Medical Services Under ‘Section 201’ of the Emergency Medical Services Act,” published in the Public Law Journal, Fall 2014, by Derek P. Cole. For the full text of this article, click here: Public Law Journal EMS Article
The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, or as it is generally known, the “EMS Act,” comprehensively regulates emergency medical care in California. Enacted in 1980, the Act provides for the creation of emergency ... Continue Reading
tags:
emergency medical care, Emergency Medical Services Act, EMS, health care law, Section 201,
by Derek P. Cole on December 15, 2014
posted in
Public Records Act, Recent Court Decisions,
Be careful not to disclose privileged documents in response to a Public Records Act (“PRA”) request. According to a recent court decision, such disclosures waive any applicable privilege—even if the disclosure is mistaken.
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tags:
Disclosure, PRA, Privilege, Public Records Act,
