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New Law Will Significantly Impact Local Agencies’ Disposition Of Property; Impact On School Districts Is Limited

On October 9, 2019, Governor Gavin Newsom signed into law a bill that will have sweeping effects on local agencies disposing of real property under the California Surplus Land Act.

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Legislature Postpones Sunset Of Civic Center Act Fee Provisions

The Act generally requires school districts to permit the use of their facilities and grounds for particular purposes. The Act further authorizes, and in some cases requires, school districts to charge users for their use of school facilities.

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AB 5: New Law Further Limits Employers’ Ability To Classify Workers As Independent Contractors

Governor Newsom signed Assembly Bill 5 (AB 5) on September 18, 2019, which takes effect on January 1, 2020. AB 5 codifies the California Supreme Court's decision inDynamex Operations West, Inc. v. Superior Court of Los Angeles (Dynamex) (see 2018 Client News Brief No. 20), which

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Significant New Developer Fee Cases

As part of an uptick of cases in recent years regarding school impact fees, two recent cases argued by Lozano Smith on behalf of school districts have been decided by the California Sixth District Court of Appeal, with mixed results.

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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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