Can A City Refuse Land-Use Permits Because it Doesn’t Like the Federal Policies the Property Will be Used to Implement?

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains why a local government cannot constitutionally create policy discriminating against entities that do business with the feds. Specifically, Amar discusses a situation in which the city of Farland, California, is trying to prevent a privately operated state prison facility located in that city from contracting with Immigration and Customs Enforcement (ICE).

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People v. Corrales

Docket: B297181(Second Appellate District)

Opinion Date: March 10, 2020

Judge: Stratton

Areas of Law: Criminal Law

After defendant set fire to a palm tree next to a strip mall, he was convicted of misdemeanor unlawful burning of the property of another. The trial court then ordered defendant to stay 100 years away from the building adjacent to the palm tree. The Court of Appeal agreed with defendant that the trial court lacked authority to issue a protective order requiring defendant to stay away from the building adjacent to the palm tree that he set on fire. The court held that the order exceeded the authorization of Penal Code section 136.2 and must be stricken. Furthermore, there are no other statutes authorizing such unlimited postjudgment restraining orders based on the misdemeanor conviction defendant sustained.

Los Angeles Leadership Academy, Inc. v. Prang

Docket: B292613(Second Appellate District)

Opinion Date: March 10, 2020

Judge: Elizabeth A. Grimes

Areas of Law: Education Law, Tax Law

Plaintiffs filed suit against the Assessor and others, seeking a refund of property taxes and special assessments, and for declaratory relief. The Court of Appeal found no support in statutory or case law for plaintiffs' claim that a nonprofit charter school should be treated as a public school district for purposes of applying the implied exemption, which plaintiffs contend exempts public schools from having to pay both taxes and special assessments. The court explained that the Legislature has specified precisely how, and to what extent, and under which statutory provisions charter schools are deemed to be part of the system of public schools, or deemed to be a school district. Notably absent is any suggestion that charters schools are to be treated like school districts for taxation purposes. The court rejected plaintiffs' claims to the contrary.

Alexander v. Community Hospital of Long Beach

Docket: B279155(Second Appellate District)

Opinion Date: March 10, 2020

Judge: Victoria Gerrard Chaney

Areas of Law: Labor & Employment Law

After a hospital and medical group created a hostile work environment and wrongfully discharged three nurses based on their opposition to a supervisor's harassment, the jury awarded the nurses substantial past and future economic and noneconomic damages suffered up to and after -- but not during -- their second round of employment. Both parties appealed. The Court of Appeal held that plaintiffs failed to exhaust their administrative remedies against the medical group; insufficient evidence supported some of the jury's findings and its damages awards; and the trial court made several prejudicial evidentiary errors. The court also held that the second medical group may not be held liable on an alter ego theory. Accordingly, the court reversed and remanded for further proceedings.