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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
Dept: CITY ATTORNEY
Date: January 23, 2002
Subject: Authorization to join amicus curiae brief in the case
C . . ~ ,-,. ~~ ~~'lnts Only Stores v. Lancaster Redevelopment Agency
Synopsis of Previous Council action;
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief
in the case of 99 Cents Only Stores v. Lancaster Redevelopment Agency
~?r~
o Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. ;),,1
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STAFF REPORT
Council Meeting Date: February 4. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
January 23, 2002
Authorization to join amicus brief in the case of 99 Cents Only Stores v.
Lancaster Redevelopment Agency
The City has been asked to provide amicus support to a brief being filed on behalf of the
Lancaster RDA. The basic facts are that Costco wanted to expand a store it had in a large shopping
center. Lancaster proposed taking part of the 99 Cents Store to allow Costco to expand. Lancaster
passed a resolution of necessity but never filed an eminent domain action. Eventually the project
was determined to be unfeasible at the particular location and was canceled.
99 Cents filed a lawsuit in u.S. District to enjoin Lancaster from "initiating eminent domain
proceedings against the real property being occupied by 99 Cents." The federal court decided a moot
question.
The City of San Bernardino has a similar lawsuit pending against it. The owners of
University Inn Motel at 1-10 and Tippecanoe in the "Hub" Project area have sued in Federal court
for violation of their civil rights and nominally to have the court declare any taking of their motel
is not for a public use. No eminent domain action has been filed by the City.
The City Attorney recommends the City of San Bernardino join in the amicus curiae brief.
There is no charge to the City of San Bernardino for joinder in this brief.