Publications

Publications

Publications

February 19, 2019

Gov. Code Section 65009 Bars Challenge to Agreement Authorizing PG&E to Cut Trees on ROW; Plaintiff Failed to Serve Complaint within 90 Days

Kevin D. Siegel

The City of Lafayette approved an agreement with PG&E which authorized and imposed conditions on the removal of up to 272 trees within its local natural gas pipeline rights-of-way. The City agreed to process the project under Lafayette Municipal Code section 6-1705(b)(S), which allows the city to allow removal of a protected tree “to protect the health, safety and general welfare of the community.” The trial court dismissed a challenge. The court of appeal reversed in part. Claims asserted under the planning and zoning law (Government Code 65000), the city’s general plan, and the city’s tree protection ordinance are barred by Government Code 65009(c)(1)(E), as not timely-served.

January 2019

Access to Private Entity Records is Not Enough to Compel Disclosure Obligations Under the California Public Records Act

Denise S. Bazzano, Chad  W. Herrington, Thomas D. Jex

Public agencies should carefully review the language contained in contracts with private entities to ensure that there are clear provisions addressing the  ownership of records and that the obligations are appropriate given the nature of the contract.

January 2019

ADA Web Accessibility Litigation is on the Rise

Stephanie Gutierrez, Traci I. Park

In the last couple of years, hundreds of lawsuits against both public and private entities have been filed, and of those, at least 153 arose in California. While the Department of Justice (“DOJ”) has consistently maintained that the ADA applies to websites, federal and state courts are now following suit.