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U.S. Supreme Court Overrules Precedent And Opens the Federal Court Door to Takings Lawsuits Before Exhaustion of State Law Just Compensation Remedies

The Supreme Court of the United States held in Knick v. Township of Scott that plaintiffs claiming a local government action has interfered with their use of property may bring their constitutional "takings lawsuit" under 42 U.S.C. section 1983 directly in federal court, and before exhausting other related state law remedies.

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Local Governments Maintain Aesthetic Control Over Their Rights Of Way

A public agency's right to enforce reasonable aesthetic criteria on telecommunications installations is a valid exercise of power. So says the California Supreme Court in its recent ruling inT-Mobile West LLC v. City and County of San Francisco (T-Mobile) (April 4, 2019, S238001) __ Cal. __.

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Appellate Court Concludes That Public Entities May Initiate Substitution Of A Subcontractor

In Synergy Project Management, Inc. v. City and County of San Francisco, certified for publication on March 14, 2019, the California Court of Appeal concluded that awarding agencies, like prime contractors, have the power to request substitution of a subcontractor under Public Contract Code section 4107 (hereafter referred to as Section 4107).

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“Limited Due Process” Appropriate For Subcontractor Substitution Hearings

The California Court of Appeal recently outlined an appropriate level of due process required for a subcontractor substitution hearing.

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Know Your Role, Know Your Risk

A Civic Center Act provision that allocates liability between a school district and the users of school facilities means what it says, according to a recent decision by the California Court of Appeal.

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Schools And Public Agencies Face A Rise In Digital Copyright Infringement Claims For Use Of Protected Photos

Cease and desist letters alleging copyright infringement for the unauthorized use of digital photos-along with demands for settlement payments ranging from hundreds to tens of thousands of dollars-are being sent to public agencies.

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Records Owned And Held By A Third Party Are Not Public Records Even If A Public Agency Has A Right To Access Such Records

A recent California appellate court ruling has clarified the reach of the California Public Records Act (CPRA).

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Lay Opinions May Trigger The Need For An Environmental Impact Report

A California appellate court has ruled that lay public opinions on nontechnical issues concerning a project's size and general appearance can provide substantial evidence of environmental impact, triggering the need to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA).

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Bid Thresholds Raised For 2019

According to the California Department of Education Office of Financial Accountability and Information Services, pursuant to Public Contract Code section 20111(a), the bid threshold for K-12 school districts' purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $92,600, effective January 1, 2019.

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