May 2013

California Supreme Court Holds Local Governments May Ban Medical Marijuana Dispensaries

Attorney Authors: 

On May 6, 2013, the California Supreme Court issued the long awaited decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. et al., (S198638) upholding the ban by the City of Riverside ("City") on medical marijuana collectives, cooperatives and dispensaries ("dispensaries").  The Court held that the City's ban on medical marijuana dispensaries was not preempted by California law, as set forth in the Compassionate Use Act ("CUA") or the Medical Marijuana Program Act ("MMPA"), and thus the ban was valid.  Local regulation of dispensaries does not duplicate or contradict state law, nor does such regulation enter an area or field fully occupied by state law; consequently, local governments may choose to regulate or ban medical marijuana dispensaries.

Appellate Court Clarifies Meaning of "Regularly Scheduled Election" for Placement of General Tax Measures under Proposition 218

Attorney Authors: 

It's a fairly common occurrence for cities and counties: the general election for the legislative body may be cancelled for various reasons, but the local agency also wants to place a general tax measure on the ballot, and Article XIIIC, section 2(b) of the California Constitution requires that an election on a general tax must be "consolidated with a regularly scheduled general election for members of the legislative body." So, is a "regularly scheduled general election for members of the legislative body" a type of election, allowing an agency to place a general tax measure on the ballot even if no candidate will stand for election, or must a candidate actually appear on the same ballot with such a tax measure?

Pomona Considers Use of Eminent Domain As Life Vest For Underwater Mortgages

Mortgage Resolution Partners’ one year agreement (with automatic renewals) to provide the City of Pomona with identifying and obtaining proposals from institutions that can lend funds to the city for restricting/refinancing programs; providing legal counsel and research to assess and implement assistance and mortgage acquisition programs; and creating criteria to be used in identifying mortgages that might benefit from relief programs was approved by the City Council  earlier this month.

California Supreme Court Orders Disclosure by Public Agencies of Employee Home Addresses and Telephone Numbers to Representative Labor Unions

County of Los Angeles v. Los Angeles Employee Relations Commission;
Service Employees International Union, Local 721, Real Party in Interest
Supreme Court No. S191944 (May 30, 2013)

In a unanimous decision authored by Justice Corrigan, the California Supreme Court ruled that Los Angeles County must disclose home phone numbers, and home addresses, of employees who are not union members.  The Court rejected the court of appeal’s imposition of an opt out procedure designed to give non-members an avenue to object and elect not to have their personal information disclosed.