News & Analysis as of

Ralph M. Brown Act

Miller Starr Regalia

Supreme Court Denies Review And Depublishes Troublesome Brown Act/CEQA Exemption Decision

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On February 15, 2023, the California Supreme Court denied the petitions for review and issued an order decertifying the Second District Court of Appeal’s controversial (and previously published) opinion in G.I. Industries v....more

Best Best & Krieger LLP

In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100,...more

Miller Starr Regalia

Supreme Court Extends Time To Decide Petitions For Review In Brown Act/CEQA Exemption Case; Sonoma County Files Depublication...

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On January 25, 2023, the California Supreme Court extended to March 3, 2023 its time to grant or deny review of the Second District Court of Appeal’s published opinion in G.I. Industries v. City of Thousand Oaks (2022) 84...more

Perkins Coie

CEQA Categorical Exemption Must Be Agendized under Brown Act

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The City of Thousand Oaks violated the Ralph M. Brown Act by adopting a CEQA exemption without having listed the exemption as an item on its agenda for at least 72 hours before the meeting. G.I. Industries v. City of Thousand...more

Procopio, Cory, Hargreaves & Savitch LLP

A Guide To Brown Act Changes Starting January 1, 2023

The Legislature passed three bills in 2022 that made changes to the Ralph M. Brown Act (“Brown Act”) effective January 1, 2023, summarized below. The Brown Act requires meetings of a local public agency’s governing body to be...more

Miller Starr Regalia

Petitions for Review Filed In Brown Act/CEQA Exemption Case

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On December 5, 2022, the real party in interest (Arakelian Enterprises, Inc. dba Athens Services) and respondent City of Thousand Oaks both filed petitions for review in the California Supreme Court in G.I. Industries v. City...more

Allen Matkins

Court Rules CEQA Determinations Must be Included on Public Meeting Agendas

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In March of 2021, the City of Thousand Oaks posted an agenda for its regular City Council meeting in which it was stated that the City would consider awarding a new exclusive solid waste management franchise agreement. During...more

Miller Starr Regalia

Second District Holds Brown Act Requires Lead Agency To List CEQA Exemption As Item of Business On Agenda For Public Meeting When...

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In a published opinion filed October 26, 2022, the Second District Court of Appeal (Div. 6) appears to have significantly expanded the reach of both the Brown Act and the procedural requirements of CEQA in holding, on an...more

Sheppard Mullin Richter & Hampton LLP

Will Newsom’s Nicety Bill Curb Disruptive Behavior During Public Hearings?

The zeitgeist of pandemic-era American politics has been ugly. Really ugly. In an environment where civil disobedience skews uncivil, how do we balance the quintessentially American freedom of speech with the public...more

Best Best & Krieger LLP

In With the New – Part Four

BB&K's New Law Guidance for a Happy New Year - In Part Four of our “In With the New” series, BB&K covers important new legislation related to the Brown Act, voting rights, water and sewer rate challenges, and general local...more

Perkins Coie

2021 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development law cases decided in 2021. 1. Planning and Zoning - CHEVRON v. COUNTY OF MONTEREY 70 Cal. App. 5th 153 (2021) - A county ordinance...more

Manatt, Phelps & Phillips, LLP

Is California’s Open Meetings Law a ‘Long Haul’ COVID-19 Victim?

New Law Permits Local Governments to Continue to Meet Remotely Until 2024 - California’s historic open meeting law, the Ralph M. Brown Act, requires that local governments conduct their business in public meetings and...more

Allen Matkins

Pandemic-Related Suspension of CEQA Noticing, Posting, Filing, and Tribal Consultation Requirements and Brown Act Meeting...

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On September 30, 2021, certain COVID-related suspensions of filing, noticing, and posting deadlines and tribal consultation timelines mandated by the California Environmental Quality Act (CEQA) and CEQA Guidelines and certain...more

Coblentz Patch Duffy & Bass

As California Opens for Business, Public Hearings Allowed To Continue Remotely Through At Least September 30, 2021

In March 2020, in response to the COVID-19 public health crisis, Governor Newsom issued Executive Order N-29-20, suspending open public meeting requirements under the Brown Act and Bagley-Keene Act thereby allowing state and...more

Perkins Coie

California Governor Newsom Extends Flexibility to Hold Virtual Public Meetings

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As part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and to make...more

Perkins Coie

California Governor Extends Flexibility to Hold Public Meetings Virtually

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In March 2020, as part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and...more

Perkins Coie

Deliberate Delay in Prosecuting Brown Act Claims Warranted Dismissal Under Laches Doctrine

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Plaintiff’s Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire...more

Perkins Coie

2020 Land Use and Development Case Summaries

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Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Perkins Coie

Brown Act Does Not Require a Finding of Prejudice to Survive a Demurrer

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Plaintiffs do not have to allege prejudice caused by a violation of the Brown Act’s statutory vote reporting requirement to survive a demurrer, and it is improper to render a case moot by taking judicial notice of only one...more

Best Best & Krieger LLP

AB 992: Open Meeting Laws and Social Media

New California Law Addresses Prohibition on Serial Meetings on Social Media - California public officials could run afoul of the Brown Act if they communicate with legislative members of the same body on social media...more

Miller Starr Regalia

Hitting A CEQA Snag: Third District Affirms Rejection of Statutory Road Abandonment And Brown Act Challenges And Inverse...

Miller Starr Regalia on

In a published opinion filed on August 17, 2020, the Third District Court of Appeal mostly affirmed the trial court’s judgment upholding Placer County’s partial abandonment of public easement rights in an emergency...more

Miller Starr Regalia

Court Holds That County’s Abandonment of Public Road Easement Rights Did Not Violate Brown Act, Was Supported by Substantial...

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On August 17, 2020, in Martis Camp Community Association v. County of Placer, __ Cal.App.5th __ (2020) (Case Nos. C087759 and C087778), the Third District Court of Appeal addressed several novel legal claims arising from the...more

Perkins Coie

Brown Act Violation Did Not Require Nullification of Project Approval Where No Prejudice Was Shown

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The City of Lafayette violated the Brown Act by not including a litigation threat discussed in closed session in the agenda packet made publicly available before the meeting, but plaintiffs failed to show any prejudice...more

Nossaman LLP

[Webinar] Keeping Current on COVID-19 Challenges for the Water Industry - April 16th, 1:00 pm - 2:00 pm PT

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Please join Nossaman's Water Industry Team on April 16, 2020 for “Keeping Current on COVID-19 Challenges for the Water Industry,” a special presentation as part of our 2020 Water Webinar Series. There is no question that the...more

Nossaman LLP

Keeping Current on COVID-19 Challenges for the Water Industry

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There is no question that the COVID-19 pandemic has significantly disrupted business operations in virtually every business sector, and the water industry is no exception. We are mindful of how strenuous it is for our...more

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