HomeMy WebLinkAboutCC 4 REQUEST AUTHOR. 03-03-80DATE:
TO:
FROH:
SUBJECT:
February l~, 1980
Inter-Corn
HONORABLE MAYOR AND CITY COUNCIL
gAMES G. ROURKE, CITY ATTORNEY
REG~UEST FOR AUTHORIZATION
In the ease of Agins v. City of Tiburon, the California Supreme Court heId
that a eroparty owner could not seek damages against a City for alleged invalid
land use regulations and that the proper remedy for the property owner is through
an action seeking to have the regulation declared invalid and preventing it.s
enforcement. This decision was welcomed by city attorneys as a happy resolution
of an issue which had been decided in different ways by various trial and lower
appellate courts. However, lest month the United States Supreme Court accepted
an appeal of the Agins case.
Because of the importance of this issue to ail cities, the Legal Advocacy
Committee of the League of Califo~nia Cities has authorized and requested cities
to join as amici curiae in a brief to be filed with the United States Supreme Court.
An amici curiae brief will be orepared by the office of the City Attorney
of the City San .lose and joining in the brief would be without cost to the City of
Tus:in.
We would recommend that the City Counci! authorize joining the above-
referenced brief as an amicus curiae.
SGR:se:D:2/ll/80
IC CC/Author D:Z
· .-: ,qt ,D League of California Cities
Caldofnia Cities ~
~Work Together Sacramento, CA 95814
February 5, 1980
To: Ail City Attorneys
Re: 1. Amicus Participation in Agins v. City of Tiburon
2. Assistance in Perez v. City of San Bruno
By a widely publicized action in January, the U.S. Supreme Court noted p~obable
jurisdiction in an appeal filed by the property owner-plaintiffs in Agins v.
City of Tiburon (24 Cal.3d 266). All City Attorneys are familiar with the
State Supreme Court opinion in the case and the dramatic change it effected
in state law respecting inverse condemnation. Under the law thereby estab-
lished, property owners are precluded from seeking damages for alleged invalid
land use regulations and can only seek through declaratory relief and mandamus
to have the regulation declared invalid and to prevent its enforcement. The
Agins, and their amici, now seek to have this rule of law overturned and have
the U. S. Supreme Court determine that there is a constitutional right to com-
pensation for the zoning limitations placed upon their property (no more than
one dwelling unit per gross acre).
The case is of signal importance to all cities, as well as other public agencies.
In recognition of this and the necessity of having the position of California
cities fully and adequately presented to the Court, the League Board of Directors
and Legal Advocacy Committee have taken action recommending that consenting cities
join as amici in support of the City of Tiburon.. An amicus curiae brief in whic~
all cities may join at no cost will be funded and filed by the City of San Jose.
The time constraints set by the U. S. Supreme Court in the case are such as to
require that any City Attorney wishing to join as amici must so indicate no later
than March 1. (Oral argument will be calendared in the April session of the
Court.) Ail City Attorneys are urged to consider joining as amici. Those wish-
ing to do so should direct a letter, to be received no later than the March 1
deadline, to:
Robert J. Logan
City Attorney
151 West Mission Street
San Jose, CA 95110
It should also be noted that a special ad hoc committee to coordinate individual
amici in the Agins case has been appointed. The Legal Advocacy Committee took
this action in order to obviate any disadvantages which could flow from dupli-
cative amicus efforts and the failure to present a coordinated position in
support of the City of Tiburon. Any City Attorney who intends to independently
file an amicus curiae brief in this case is therefore ~trongly urged to make
early contact with any member of this special committee: Dan Curtin, City
Attorney, Walnut Creek, Chairman (phone: (415) 935-3300); Claude Hilker, Assis-
tant City Attorney, Los Angeles (phone: (213) 485-5438); and Bob Logan, City
Attorney,.San Jose (phone: (408) 277-4454).
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