HomeMy WebLinkAbout1985-12-17; City Council; 8443; Amicus Briefc e z n n n 4
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DEPT.
12/17/85
CA
CITT-'3F CARLSBAD - AGEND1-31LL
AMICUS PARTICIPATION IN COUNTY OF
YOLO INVERSE CONDEMNATION CASE
TITLE: DEPT. HD.-
CITY ATTYm
CITY MOR.&
RECOMMENDED ACTION:
That the City Council by motion authorize the City Attorney to join the County of Yolo as amici in the above referenced case.
ITEM EXPLANATION
The case of McDonald, Sommer and Frates v. County of Yolo is an
inverse condemnation and civil rights action currently pending
before the United State Supreme Court. The County, at the request of
the City of Davis, denied a tentative subdivision map for a 44 acre
parcel. The County determined the development was premature because
there was no road access or other services to the site. The
developer proposed solving the access problem by a 1300 foot
extension of an existing city street through agricultural lands.
The potential decision by the United States Supreme Court is of
great significance to cities particularly if the court addresses the
question as to whether or not the governmental agency's land use
regulation amounts to a taking of private property requiring the payment of compensation.
The county supervisor's association will draft an amicus brief
emphasizing the devastating effect a judgment in favor of the
developers would have on a governmental agency's ability to regulate
land use in California. The brief will also emphasize the developer's failure to exhaust his local administrative remedies and detail why the actions of the county and city did not constitute a taking. The executive committee of both the Legal Advocacy Committee and the League of California Cities Board of Directors has taken action recommending that consenting cities join as amici in this
case.
FISCAL IMPACT
None. We may lend our support at no cost to the City.