HomeMy WebLinkAboutAgenda Statement 1986/04/22 Item 6 COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 4/22/86
ITEM TITLE: Resolution is 44 Supporting the Amicus Brief to be filed by
the League of California Cities in Opposition to Palmer v.
City of Ojai and Directing the City Attorney to Join in the
Amicus Brief
SUBMITTED BY: Deputy City Attorney
(4/5ths Vote: Yes No X )
This resolution would authorize the City Attorney to join the League of
California Cities amicus brief opposing Palmer v. City of Ojai.
RECOMMENDATION: Adopt the Resolution
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
On March 14, 1986, the Court of Appeal in Palmer v. City of Ojai held
developers would have their development permits automatically approved if
local governments failed to act within one year after their application was
submitted. While the principle of processing development permits in a timely
fashion is strongly endorsed, the remedy imposed by this court has too severe
an impact on innocent third parties. Affected landowners would not be given
an opportunity to provide input into projects that could harmfully impact
their property and their neighborhood. This decision severely affects the due
process rights of landowners by preventing them from receiving notice and an
opportunity to be heard. On April 7, 1986, the League of California Cities
requested consenting cities to join them in their amicus brief opposing this
decision. This resolution as proposed authorizes and directs the City
Attorney to join the amicus brief in opposition to the Palmer v. City of Ojai
decision to be filed by the League of California Cities before the Supreme
Court of California.
FISCAL IMPACT: N/A
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