California Municipal Law Blog
category:
Recent Court Decisions
by Derek P. Cole on March 18, 2017
posted in
Elections, Recent Court Decisions,
In Napa County, a group of voters proposed an initiative that would enact a number of measures to protect the quality of watersheds and oak resources. In Wilson v. County of Napa, an appellate court recently found their initiative proposal defective because it did not comply with an important procedural requirement known as the “full text” rule.
Wilson is a good reminder to initiative proponents that the rules for qualifying initiatives can be unforgiving. Proponents must take great care to make sure they satisfy all the procedural requirements before submitting their proposed measures.
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tags:
Elections, Full-Text Rule, Initiatives, Oak Woodlands,
by Derek P. Cole on March 2, 2017
posted in
Public Records Act, Recent Court Decisions,
The California Supreme Court has issued its long-awaited decision on whether public employee emails or text messages, sent and stored on the employees’ personal accounts, are public records. A unanimous Court held that such emails and text messages are disclosable records under the California Public Records Act. (City of San Jose v. Superior Court, decided March 2, 2017)
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tags:
California Public Records Act, California Supreme Court, Private Emails, Text Messages,
by Derek P. Cole on February 1, 2017
posted in
Public Records Act, Recent Court Decisions,
On January 27, 2017, the Daily Journal published our article on the California Supreme Court’s recent decision regarding public agency legal bills, and whether they are privileged. The full article can be accessed at this link: Daily Journal Article January 27
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tags:
Attorney-Client Privilege, California Supreme Court, Law Firm Billing Invoices, Public Records Requests,
by Derek P. Cole on October 2, 2016
posted in
Inverse Condemnation, Recent Court Decisions,
In what can only be described as a classic example of a “First World problem,” a Beverly Hills couple sued their city for ruining their beautiful views. From their hilltop estate, the coupled had for years enjoyed unobstructed views of Beverly Hills, the Hollywood Hills, and other iconic Southern California landmarks. But when Sequoia redwood trees the city had planted many years earlier began taking on their customary sizes, the tree canopy started blocking the couple’s view. Because of the diminished view—which was getting worse as the trees grew—the couple sued the city for inverse ... Continue Reading
tags:
Beverly Hills, Boxer, Inverse Condemnation, View Obstruction,
by Derek P. Cole on August 15, 2016
posted in
Meetings, Recent Court Decisions,
When a person raises an issue not on a meeting agenda, how much can council or board members discuss the issue without running afoul of the Brown Act? A recent court case provides some helpful guidance.
In Cruz v. Culver City, a California appellate court held that a six-minute discussion about how to place an item on a future agenda did not violate the Brown Act. Fortunately for local agencies, the court rejected a challenge to the discussion that had relied on a hyper-technical reading of the Act’s language.
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tags:
Agendas, Brown Act, Discussion on Unagendized Items,
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