Articles

Los Angeles court redefines discrimination under Proposition 209

July 28, 2015 | By MERIEM L. HUBBARD

In early May, the Los Angeles Court of Appeal issued a decision in Cesar Baez v. California Public Employees’ Retirement System.  The decision is, for the most part, unremarkable.  But there is one controversial section that, contrary to existing case law, severely limits protections adopted by the voters in Proposition 209 in 1 ...

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PLF goes to court tomorrow to challenge illegal tax on homeowners

March 04, 2015 | By TONY FRANCOIS

Tomorrow morning I will be arguing in Contra Costa Superior Court against an illegal tax levied against new homeowners by the City of San Ramon, California. San Ramon used California’s Mello-Roos Act, the purpose of which is to fund new public facilities and new public services, to impose a parcel tax of more than $500 … ...

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Analysis of the teacher tenure case

June 10, 2014 | By JOSHUA THOMPSON

As reported earlier on the Liberty Blog, the Superior Court for Los Angeles County issued a decision striking down three California statutes that relate to employment of California’s public school teachers.  The lawsuit was brought by Students Matter on behalf of several California public school students and their guardians ad litem. The St ...

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California Supreme Court blesses government shenanigans keeping initiatives from voters

October 18, 2013 | By JENNIFER THOMPSON

The California Supreme Court this week denied review in Mission Springs Water District v. Verjil, a case our friends at the Howard Jarvis Taxpayers Association litigated.  Not only did the Court deny review, it did so in record time—a single day—before PLF had time to file a letter brief urging the Court to take the … ...

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#Back2SchoolChoice — Is there school choice in California?

August 22, 2013 | By JOSHUA THOMPSON

We often get asked here at PLF why there isn’t school choice in California.  The answer I usually give is that Californians do have some choices in education.  Californians, of course, have one of the most robust charter school laws in the country.  Further, California law permits transfers from one public school district to another scho ...

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PLF argues for cities to be accountable when they flood their residents

March 06, 2013 | By TONY FRANCOIS

PLF colleague Jennifer Fry recently posted on the frustrations of a Sacramento family after their home burned down.  FEMA’s de-certification of the levees protecting their neighborhood resulted in a building moratorium that prevents the Taylors from rebuilding their fire-destroyed home, even though they have insurance to do so.  But what ...

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CEQA versus the Constitution – round two

January 03, 2013 | By TONY FRANCOIS

We have previously reported on the Tuolumne Jobs case, an important appellate decision expanding CEQA and diminishing California voters’ constitutional right of initiative.  The Tuolumne Jobs decision broke with precedent and held that a city counsel was required to prepare an environmental impact report under CEQA before it could adopt an o ...

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CEQA : More precious than the Constitution?

December 21, 2012 | By TONY FRANCOIS

We previously reported on the decision from California’s Fifth Appellate District in the case of Tuolumne Jobs, holding that CEQA applies to local voter initiatives under certain circumstances.  Earlier this month, the real parties in interest in the case, James Grinnell, Wal-Mart Stores, and the City of Sonora, filed petitions for review ...

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The California Supreme Court gets it right in Proposition 13 case

November 30, 2012 | By JENNIFER THOMPSON

In light of the Court’s recent, disappointing decision in the Pacific Palisades Coastal Commission case, it’s encouraging to note when the Court got it right in Young v. Schmidt.  This was the case brought by former UCLA Chancellor Charles Young challenging Proposition 13’s legislative super-majority vote requirement.  Young m ...