April 16-20, 2007

Table of Contents

GOVERNMENT CONTRACTS CASES

• County of Amador v. City of Plymouth
• Coral Constr. v. City & County of San Francisco

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California Appellate Districts, April 17, 2007
County of Amador v. City of Plymouth , No. C050066
In case involving plan of Indian tribe to build a world-class gaming facility on land it has the option to purchase, judgment granting a peremptory writ of mandate invalidating a Municipal Services Agreement (MSA) between intervenor-tribe and defendant-city is affirmed as the city's decision to enter into the MSA without complying with CEQA was void and, thus, the MSA and its support of the trust application of the tribe was invalid. Read more...

California Appellate Districts, April 18, 2007
Coral Constr. v. City & County of San Francisco, No. A107803
A decision striking down a San Francisco ordinance calling for race- and gender-conscious remedies to ameliorate the effects of past discrimination in public contracting is affirmed in part where: 1) a state constitutional amendment adopted via the California Civil Rights Initiative is not preempted by a human rights treaty ratified by Congress; 2) it also does not offend the Hunter/Seattle political restructuring arm of equal protection jurisprudence; and 3) the ordinance is not required to maintain the City’s eligibility for federal funds. However, the matter is remanded for further proceedings where the trial court failed to adjudicate the question of whether the ordinance is mandated by the federal Constitution as a narrowly tailored remedial program to remedy ongoing, pervasive discrimination in public contracting. Read more...