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...
