HomeMy WebLinkAboutAgenda Statement 1985/10/24 Item COUNCIL AGENDA STATEMENT
Item
i Meeting Date 10/24/85
ITEM TITLE: Resolution Od Authorizing the City of Chula Vista to
Participate as Amicus Curiae in Support of the City of Concord
in Contra Costa The.tres, Inc. v. City of Concord
SUBMITTED BY: City Attorney`� /
(4/5ths Vote: Yes No X
The proposed action would lend the City's name and support to the City of
Concord's appeal of an adverse $1.4 million inverse condemnation judgment
which appears to be wrongly decided under the current law.
RECOMMENDATION: Adopt the Resolution
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City Attorney's office has received a letter from the City Attorney of the
City of Concord requesting that the City participate as amicus curiae in their
appeal of a Superior Court decision awarding $1.4 million in an inverse
condemnation judgment against Concord. The judgment is not consistent with
the current law in California and the case seems to be wrongly decided as a
matter of law. The City of Concord has decided to appeal and it is important
to all cities that it succeeds because if the Appellate Court were to agree
with the Superior Court, it would have adverse repercussions for all cities in
California.
In the Concord case, the Superior Court found that a condition to a use permit
for a drive-in theater which permitted use of 13 acres out of a 19 acre parcel
constituted inverse condemnation on the remaining 6 acres. The trial court
decided this way even though it acknowledged that the condition was reasonable
when it was imposed and that the property owner accepted the benefits of the
permit without ever complaining of the condition or requesting permission to
use the remaining 6 acres.
Tom Curry, the City Attorney of Livermore, has agreed to author an amicus
curiae brief which other cities may join at no cost. Since this will be an
important decision to the City of Chula Vista, I would recommend that we join
in on this brief.
FISCAL IMPACT: N/A
0902a
by the City CGur;cil of
Chula Vista, Caii ,ra:ia
Dated