Defendants operated a marijuana collective in an agricultural zone, and the county brought an action for injunctive relief, seeking to stop a nonconforming use of property. A county zoning ordinance related to the location of medical marijuana collectives and cooperatives [MMC’s] states they “shall not be established or located in any zone in the County of […]
Disabled Placard, Or License Plate? Try To Figure This One Out!
Vehicle Code section 22511.5, permits unrestricted parking for vehicles with a disabled placard, or license plate, even when there are signs limiting parking time. So far, so good. But what if there are no signs but only a municipal ordinance limiting parking time? This was the issue in Spicer v. City of Camarillo (Cal. App. Second Dist., […]
Rent Control In Mobilehome Park Not A Taking.
A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]
Prayer And Invocation At City Council Meetings.
City typically begins each of its city council meetings with a citizen-led prayer or invocation. The city’s policy sets forth a two-step procedure for soliciting volunteers to lead the invocation. The city clerk compiles and maintains a database of religious congregations with an established presence in the city. Next, the clerk mails all of the listed […]
After Anti-SLAPP Motion, Cross-Complaint Against City Permitted To Stand, In Part.
City brought an action against commercial property owners to abate public nuisances, prostitution and operation of medical marijuana dispensaries. The trial court granted the city preliminary injunctions. Meanwhile, the property owners cross-complained against the city and several city employees for slander, trade libel and intentional interference with prospective economic advantage, centering around certain statements made to […]
Concealed Weapon Exception Narrowly Construed.
A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm. […]
Frivolous Claim Under False Claim Act Entitles Employee To Attorney Fees.
Kern county sued an employee under the False Claim Act (Government Code section12650 ff.) after the employee sought reimbursement for classes taken. The court found that the action under the False Claims Act was frivolous and was filed in retaliation for a federal suit against the county filed by the employee. The court awarded attorney fees […]
Sale Of Orange County Fairgrounds Set Aside.
As part of Governor Schwarzenegger’s plan to raise funds by selling state owned real property, the California Department of General Services sold the Orange County fairgrounds. A number of parties, including one of the unsuccessful bidders, sued to void the sale. The Court of Appeal agreed with plaintiffs. The Department failed to comply with the statutory […]
Tree In Median Did Not Constitute A Dangerous Condition Of Public Property.
Several persons were killed in an automobile accident. The driver of another vehicle was arrested at the scene and later convicted of vehicular manslaughter. An action against the City for dangerous condition of public property was brought, alleging a magnolia tree on the median, the height of the curb and other design features of the roadway […]
Whistle Blower Statute Applying To Violations Of State Laws Does Not Apply To Violations Of Charter City’s “Municipal” Laws.
Plaintiff brought an action against a city for wrongful termination in retaliation for her refusal to violate the City’s charter, municipal code and its civil service rules and regulations. The trial court dismissed the whistle blower action under Labor Code section 1102.5 (c). The appellate court affirmed, stating: “The primary question presented by this appeal […]
- « Previous Page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- Next Page »