Vol. 27 No. 10, October 2012
When deciding whether to award a public litigant its attorneys’ fees against another public entity under Code of Civil Procedure section 1021.5, the trial court may only consider the public litigant’s “pecuniary interests and the pecuniary interests of its constituents” in determining the third requirement of that statute. The court may not consider the nonpecuniary motives of the public litigant in bringing the lawsuit.
The $188 million Anaheim Regional Transportation Intermodal Center (ARTIC), which broke ground earlier this month, is the most recent example of a fast-growing list of public facilities with big ambitions: the local transit hub that connects local and regional transit rail lines with bus service, taxies, bicycle locks and sometimes business services for travelers. The anticipation of high-speed rail also adds some drama to the Anaheim transit center.
When Jerry Brown first proposed killing redevelopment -- back in January 2011, when he released his first budget -- he said he would replace it with some other economic development tool. After Brown succeeded -- when he released his second budget, in January 2012, just days after the Supreme Court killed redevelopment – his tune changed, ever so slightly. He said he would consider bringing redevelopment back if it didn't affect the state's general fund.
It’s safe to say that the City of Calistoga’s Silver Rose Referendum will not be the most important question on the ballot in the this November. Nor will Escondido’s general plan measure, nor even a preliminary vote on draining Hetch Hetchy reservoir.
While Gov. Jerry Brown’s veto of redevelopment-related bills and the earlier failure of parking reform bill Assembly Bill 904 caused some consternation around the state, he did in fact sign a wide array of bills relating to land use at the end of last month.
Over the past year, even the most irate objectors to Gov. Jerry Brown's dismantling of redevelopment held out hope that in agreeing to kill redevelopment, the legislature would invent a new, better system for stoking local economic growth. Last week, the governor dashed those hopes.