Michael M. Mullins

Michael M. Mullins

Best Best & Krieger LLP

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Public Entities' Discretion in Approving Construction Designs Strengthened - Recent Decision Rejects Adding Requirements for...

The California Court of Appeal recently held that one of the three elements needed to establish the design immunity defense -- discretionary approval -- may be established either by evidence of appropriate discretionary...more

8/2/2013 - Approval Construction Contracts Construction Litigation Construction Permits Government Claims Public Entities

Local Legislative Bodies Must Expressly Agendize CEQA Documents - County Planning Commission Failed to Include Project-Related...

Overview: The California Court of Appeal recently held that the state’s open meeting law (the Brown Act) requires that, if a document under the California Environmental Quality Act (CEQA) must be approved by a local...more

6/5/2013 - CEQA Disclosure Requirements Mitigated Negative Declaration Public Meetings Ralph M. Brown Act

California Supreme Court Allows Class Actions for Local Tax Refunds - Class Actions Allowed Despite Local Ordinances Banning Them

The California Supreme Court recently ruled that local tax refund claims may be pursued as class actions, even where a city has an existing ordinance prohibiting such claims. The ruling is broad enough to expose local...more

5/3/2013 - Class Action Local Ordinance Municipalities State and Local Government Tax Refunds

Ninth Circuit Upholds Opening Prayers at City Council Meetings - Prayers May Be Sectarian But May Not Proselytize or Disparage...

Overview: The Ninth Circuit recently upheld as constitutional a city council’s practice of opening its sessions with prayer. The court upheld the city’s policy concerning such prayers, which extended the invitation to lead...more

4/1/2013 - City Councils Establishment Clause First Amendment Prayer Religion

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