May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

Skip To Content

MIPTC Author:

Bookstore:


Listed in Latino Who's Who, June 2014
 Attorney
Categories [more]
General (1984)
Lawyer 2 Lawyer (284)
Latest Blogs
This Month's Posts [more]
S
M
T
W
T
F
S
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Links of Interest [more]
Locations of visitors to this page

Creative Commons License
This work is licensed under a Creative Commons License.


Quote of the Day - Meetings are indispensable when you don't want to do anything. - John Kenneth Gailbraith
Adjust font size: A A+ A++
Claim Your Profile on Avvo

Closing Meetings To Discuss Eminent Domain Litigation Puts San Diego's CCDC In Hot Water

You can watch live meetings of San Diego's Centre City Development Corporation online.  Not much of a surprise, but that wasn't previously the case for all CCDC meetings - at least for the ones considering responses to eminent domain litigation.  The problem lay with the distinction in power between the San Diego City Council and the CCDC.  The City Council formed the CCDC as a non-profit corporation to improve the downtown area. 

Because the CCDC did not also get the power of eminent domain when it was established, the City's Redevelopment Agency has to condemn property that the CCDC wants redeveloped.  Just like the Kelo case, the City gets sued every once in awhile when its residents don't agree with the condemnation award.  When that happens, the CCDC sometimes met in closed-door sessions to consider the litigation and give its advice to the City and Redevelopment Agency.

But not anymore.  The Court of Appeal put an end to that practice given the restrictions of the Brown Act.  The appellate court reasoned that because the CCDC was not a named party in the litigation, it had no right to meet in closed-door sessions to discuss litigation that didn't directly involve it.  Avoiding the claim that it was an activist court, the judges noted that if the CCDC wanted any relief from that ruling, it should apply to the legislature. 

Otherwise, in the meantime, it could appeal to the California Supreme Court, which is equally as likely to say the same thing.

Podcast 

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, November 22, 2005 at 18:52 Comments Closed (0) |
 
Share Link