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HomeMy WebLinkAbout27-City Attorney 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 ~}4JD&- 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.