Latest 3 Cases This Week: Redondo Beach Waterfront, LLC v. City of Redondo Beach (Cal. Ct. App.), City of Eagle v. Two Rivers Subdivision HOA ...

A Modest Proposal: A Heartbeat Bill for Those Who Don’t Wear Masks

MARCI A. HAMILTON

University of Pennsylvania professor Marci A. Hamilton draws upon a strategy used by anti-abortion advocates in suggesting a way to encourage (or coerce) more people into wearing masks to avoid the spread of COVID-19. Hamilton proposes requiring persons who opt not to wear a mask in public (1) to watch, on a large screen, an adult's beating heart for 30 seconds, and (2) to be read a statement about how their decision unreasonably endangers others.

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Redondo Beach Waterfront, LLC v. City of Redondo Beach

Court: California Courts of Appeal

Dockets: B291111(Second Appellate District) , B294659(Second Appellate District)

Opinion Date: July 9, 2020

Judge: Lavin

Areas of Law: Real Estate & Property Law, Zoning, Planning & Land Use

In a consolidated opinion, the Court of Appeal decided two appeals currently pending related to a proposed waterfront development project in the City of Redondo Beach. In the published portion of the opinion, the court held that the Developer has obtained vested rights against the City under Government Code section 66498.1 and those rights vested before the passage of Measure C. The court rejected the Residents' subsidiary argument that the vested rights issue is not ripe for decision. Accordingly, the court affirmed the judgment in favor of the Developer.

City of Eagle v. Two Rivers Subdivision HOA

Court: Idaho Supreme Court - Civil

Docket: 47193

Opinion Date: July 7, 2020

Judge: Brody

Areas of Law: Government & Administrative Law, Zoning, Planning & Land Use

This appeal involved a dispute between a homeowners’ association and the City of Eagle (“the City”) over the public’s right to use a parking lot located on land owned by a homeowners’ association. T.R. Company, LLC (“T.R.”) was the developer of a subdivision. In November 2002, the City held a public hearing on T.R.’s request for certain concessions from the City associated with the subdivision. The City argued that T.R. offered to dedicate an easement for public parking on Lot 35 at that hearing, and that the offer was accepted when, a few months later, the City approved T.R.’s design review application showing the specific location and design of the parking lot. Respondent Two Rivers Subdivision Homeowners Association, Inc. (“the Association”) argued that no dedication occurred because T.R.’s intent to dedicate was not clear and unequivocal. The district court granted summary judgment in favor of the Association. After review, the Idaho Supreme Court vacated the district court’s judgment, reversed the district court’s decision on summary judgment, and remanded with instructions to enter judgment in favor of the City and to consider whether the City was entitled to any injunctive relief.

Kinzua Resources v. DEQ

Court: Oregon Supreme Court

Docket: S066676

Opinion Date: July 9, 2020

Judge: Flynn

Areas of Law: Civil Procedure, Environmental Law, Government & Administrative Law, Zoning, Planning & Land Use

The dispute in this case arose from an Environmental Quality Commission order, which concluded that petitioners were persons “controlling” an inactive landfill site and imposed liability on them for failing to per- form the statutory closure requirements. At issue here was whether the legislature intended that the category of persons “controlling” the landfill site would extend to those having the legal authority to control the site, as the commission concluded, or would be limited to “those persons actively involved in the operation or management of a landfill site,” as the Court of Appeals concluded. The Oregon Supreme Court concluded the legislature intended the category of persons “controlling” the site to include persons having the authority to control the site, regardless of whether that authority has been exercised. The matter was remanded to the Court of Appeals to consider petitioners’ remaining challenges to the order in light of the correct legal standard.