HomeMy WebLinkAbout1992-01-21; City Council; 11511; Amicus Brief\B#*
1EPT.L
ma. 1 -A I -92
CI'pkOF CARLSBAD - AGENDP-BILL
TITLE: AUTHORIZATION TO JOIN AS AMICUS AT
THE REQUEST OF THE LEAGUE OF CALIFORNIA
CITIES IN LUCAS V. SOUTH CAROLINA COASTAL
COUNCIL
4-~ J
I
RECOMMENDED ACTION:
If the City Council concurs, by motion authorize the City Attorney to join the City of Carlsbad as an amicus curiae in the case of
Lucas v. South Carolina Coastal Council, U.S. Supreme Court Case NO. 91-453.
ITEM EXPLANATION
Attorney Stone is representing the League of California Cities who is asking that cities throughout the state join as amicus in
support of the South Carolina Coastal Council in the above
referenced litigation.
The plaintiff is claiming that the state could not impose conditions for public safety without paying compensation for the
property.
The amicus brief will focus on issues relating to (1) Lucasl
failure to exhaust administrative remedies (ripeness) and (2) the
uncontested findings of the state legislature are not subject to judicial scrutiny in this case (separation of powers), therefore a #'balancing; of legislative purpose with the effect on the landowner is inappropriate in this case.
#
If the Council concurs, you should take the above recommended action which will be at no cost to the City.
FISCAL IMPACT None
EXHIBIT
Letter from attorney Stone
KATHERINE E. STONE, P.C.
BENJAMIN KAUFMAN
D E B 0 RAH J. FOX
MARGARET MOORE SOHAGI
PHILIP A. SEYMOUR
WARREN J. ABBOTT
OF COUNSEL
-
LAW OFFICES
FREILICH, STONE, LEITNER 8 CARLISLE IN MISSOURI
FREIL~CH. LLITNLR. CARLISLC 6 SHORTLIDGE A PARTNLRSHIP INCLUDING PROCESSIONAL CORPORATIONS
THE WlLSHlRE LANDMARK, SUITE 1230 1000 PLAZA WEST, 4600 MADISON
KANSAS CITY. MISSOURI 64112-3012 11755 WILSHIRE BOULEVARD TCLCPHONL (ale1 MI4414
Los ANCELES, CALIFORNIA 90025-1518 ROECRT H. CREILICH, PC. 'I.
MARTIN L. LLITNER. PC.
RICHARD G. CARLISLE. PC. ' (310) 477-7663 NEIL R. SHORTLIDOE. P.C '.*
FACSIMILE
STLPI-IEN J MOORE. P.C. '
STEPHEN P CHINN. P.C '*
TERRY D. MORGAN. PC '*' TELEPHONE
(310) 444-7805
PETLR A. SCWLESINGER
SUSAN P. SCHOETTLL ',*
5. MARK WHITE 'a
January 6, 1992 R Ec E / p/E*p::g,W-::::::, I
DANIEL R. COFRAN
OC COUNSCL JAN '. l';?Q30mITTLO IN YO' *.S. NV1 COL C1.
To All City Attorneys and County Counsels
Re: Amicus Brief in Lucm v. South Carolina Coastal Cowrcil, s. sup reme Court Case No. 91 -453
Dear Colleague:
This letter is to ask you to join in an amicus brief that I am preparing
pro bono in a "takings" case which is now before the United States Supreme
Court. The League of California Cities Legal Advocacy Committee will
recommend to the Board that cities and counties join in this brief. This is one of
three land use cases before the U.S. Supreme Court this term, which together
could severely affect local government's discretion to regulate development.
This case involves a beach front setback line designed to address
coastal erosion problems. The South Carolina Supreme Court ruled that because
the plaintiff had not challenged the State Legislature's findings, the setback is
necessary to prevent great public harm (the "nuisance" exception to the takings
doctrine), the act did not constitute a taking, even though development of Lucas'
two properties would be prohibited.
Our amicus brief will focus on issues relating to (1) Lucas' failure to
exhaust administrative remedies (ripeness), and (2) the uncontested findings of the
State Legislature are not subject to judicial scrutiny in this case (separation of
FRiILICH, STONE, LEITNER & CARLISLE
To All City Attorneys and County Counsels
January6, 1992
Page 2
powers), therefore a “balancing” of legislative purpose with the effect on the
landowner is inappropriate in this case.
Our brief must go to the printer by January 25, 1992. Please contact
me or Arne E. hhnsell of ny office if we cask add your city/cu-mty to the brief.
There will be no cost to any city or county that joins the amicus brief.
If you would like further information, please do not hesitate to contact
me. Thank you.
Very truly yours,
A
KATHERINE E. STONE
of FREILICH, STONE, LEITNER & CARLISLE
cc: JoAnne Speers, General Counsel, League of California Cities
Richard Frank, Deputy Attorney General
Michael Roush, Chair, League of California Cities, Legal Advocacy Committee
KESUucu.1tr:d.d
70501.007