California Municipal Law Blog

U.S. Supreme Court Clarifies How and When Local Agencies Must Communicate Denials of Cell Tower Applications

by on January 26, 2015

posted in Recent Court Decisions, Zoning,

A cellular carrier applies for entitlements to erect a cell tower that a city council finds objectionable.  The council wishes to deny the application.  How and when must the council communicate the reasons for the denial to the applicant? In T-Mobile South, LLC v. City of Roswell, the United States Supreme Court answered these questions.  It confirmed that denials of cell tower applications must be in writing, but not necessarily in a specific format, such as a formal statement of denial.  The Court also clarified that the denial must be communicated about the same time as the denial is made.  ... Continue Reading

tags: Cell Towers, Telecommunications Act of 1996,

Court Holds New Pension Formulas Do Not Constitutionally Impair Existing MOUs

by on January 24, 2015

posted in Employee Benefits, Recent Court Decisions, Retirement,

The California Court of Appeal, Fourth District, recently held, in Deputy Sheriffs’ Association of San Diego County v. County of San Diego, that the implementation of new defined benefit formula provisions for “new members” does not impermissibly impair agreements with employee groups where the pre-existing agreements contain conflicting terms.  ... Continue Reading

tags: CalPERS, MOUs, PEPRA, retirement benefits,

November 2014 Election: Marijuana Sees Big Losses in Rural California

by on January 19, 2015

posted in Elections, Medical Marijuana,

Efforts to legalize marijuana continued to pick up steam in last November’s elections with voters in Oregon, Alaska, and Washington, D.C., approving legalization measures.  Most expect California voters to follow suit in 2016. Considering this trend, one is tempted to conclude that marijuana is on an unstoppable winning streak at the polls.  A closer look reveals this may not be the case. In November, voters in three rural counties defeated measures intended to repeal or relax local marijuana cultivation standards.  All three measures were supported by patient advocates who claimed the ordinances ... Continue Reading

tags: Election, Initiatives, Marijuana Legalization, Referendums, Rural California,

Cota Cole Attorney Authors Article Explaining “Section 201” of the Emergency Medical Services Act

by on December 16, 2014

posted in Emergency Medical Services,

The following is from the Introduction of the article, “‘Grandfathering’ of Emergency Medical Services Under ‘Section 201’ of the Emergency Medical Services Act,” published in the Public Law Journal, Fall 2014, by Derek P. Cole.  For the full text of this article, click here:  Public Law Journal EMS Article The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, or as it is generally known, the “EMS Act,” comprehensively regulates emergency medical care in California.  Enacted in 1980, the Act provides for the creation of emergency ... Continue Reading

tags: emergency medical care, Emergency Medical Services Act, EMS, health care law, Section 201,

Attorney-Client Privilege is Waived by Mistaken Disclosure of Privileged Documents in Response to Public Records Request

by on December 15, 2014

posted in Public Records Act, Recent Court Decisions,

Be careful not to disclose privileged documents in response to a Public Records Act (“PRA”) request.  According to a recent court decision, such disclosures waive any applicable privilege—even if the disclosure is mistaken.  ... Continue Reading

tags: Disclosure, PRA, Privilege, Public Records Act,