HomeMy WebLinkAboutAgenda Statement 1984/04/10 Item 17 COUNCIL AGENDA STATEMENT •
Item 17
Meeting Date 4/10/84
TEM TITLE: Resolution /,is z- Consenting to Join as Amici in the Glendora
Community Redevelopment Agency v. Demeter case
UBMITTED BY: City Attorney1 � (4/5ths Vote: Yes No X )
The resolution would lend Chula Vista' s support to an appeal of an
attorneys fees award in an eminent domain action against a redevelop-
ment agency .
RECOMMENDATION: Approve the resolution
BOARDS/COMMISSION RECOMMENDATION: n/a
DISCUSSION:
In Glendora Community Redevelopment Agency v. Demeter, the Agency
abandoned an eminent domain action against the defendant. The trial
court then authorized attorneys fees to be awarded to the defendant
in the sum of $672,996 .80 . The award was based upon a retainer agree-
ment by which the attorney was to receive a fee equivalent to 250 of
the value of the property in the event of an abandonment. The Agency
contends that "reasonable" attorneys fees in this context cannot be
contingent upon a retainer agreement and that the court should inde-
pendently determine reasonable fees to be awarded. If this ruling is
allowed to stand, it could have a devastating effect on all public
entities .
The Legal Advocacy Committee and the League of California Cities
Board of Directors has recommended that all cities join as amici
in this case .
FISCAL IMPACT: N/A
Chula .-.
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orm A-113 (Rev. 11/79)