HomeMy WebLinkAboutItem 8.2 FederalCourt Intervent (2)
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 16, 1997
SUBJECT:
Authorize Mayor to sign letters in opposition to House of
Representatives Bill 1534 and Senate Bill 1256 regarding possible
Federal Court intervention in local land use authority
(Report Prepared by Eddie Peabody, Jr. Community Development
Director)
ExmBITS ATTACHED: 1. SB 1256 (Hatch) Bill Summary and Status
2. HR 1534 (Gallegly) Bill Summary and Status
3. Letters to Senators Feinstein and Boxer
4. Letter to Congresswoman Tauscher
. RECOMMENDATION~uthOrize Mayor to sign attached letters in opposition on behalf of
the City Council
FINANCIAL STATEMENT:
None
BACKGROUND:
Attempts to usurp local land use authority made some headway before Congress adjourned this year. HR
1534, by California Congressman (and fonner Mayor) Elton Gallegly, and S 1256, by Utah Senator Orrin
Hatch, would permit any project proponent (i.e., a housing developer) to go directly to federal court if a
project has been locally denied twice, including a denial by the local governing body. That is, rather than
seek local administrative remedies, or relief in state court, these bills would pennit a project proponent to
seek judicial relief in Federal court if a project is denied by, for example, the city planning commission
and the city council.
Under current legal procedures, such cases are generally not deemed to be "ripe" for federal intervention.
They are either resolved locally or in state court before being heard in federal court. Inste~d, HR 1534
and SB 1256 would reverse this judicial standard and permit such potential taking cases, and, as a result,
land use and zoning decisions, to be heard immediately in federal court upon denial by a locally elected
body. If enacted, these bills will interfere with less litigious approaches to what are essentially local
issues. They will encourage more litigation against cities by forcing federal courts to intrude prematurely
into local resolution of land use disputes.
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COPIES TO:
ITEM NO.
8.2
g:agendas\97\12-16bil
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While similar bills have be.en introduced in Congress in previous years, they generally have not fared
well. This year, however, they appeared stronger primarily because of more support by Democrats in ..
Congress. Indeed, when HR 1534 passed the House in October by a vote of 148-278, 55 Democrats
joined with 193 Republicans to pass the bill. SB 1256 was not heard in the Senate, but could be marked
up in the Senate Judiciary Committee when Congress reconvenes in late January 1998. IfSB 1256 passe.
the Senate, both bills will be reconciled in ajoint Senate-House Conference Committee. Although the
Administration has indicated opposition to HR 1534, it is not clear whether the President would veto it,
and if so, whether the veto would be overridden.
This is a very important issue for cites. In addition to the League, these bills are opposed by the National
League of Cities, the U.S. Conference of Mayors, the attorneys general of more than 40 states (including
California), the National Conference of State Legislatures, the U.S. Judicial Conference and others.
RECOMMENDATION:
Authorize Mayor to sign letters to Senators Feinstein and Boxer and Congresswoman Tauscher opposing
the HR Bill 1534 and SB 1256 regarding possible Federal Court intervention in local land use authority.
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Bill Summary & Status
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Bill Summary & Status for the 105th Congress
Page 1 of2
NEW SEARCH \ HOME \ HELP
S.1256
SPONSOR: Sen Hatch (introduced 10/06/97)
TITLE(S):
· SHORT TITLE(S) AS INTRODUCED:
Citizens Access to Justice Act of 1997
. OFFICIAL TITLE AS INTRODUCED:
A bill to simplify and expedite access to the Federal courts for injured parties whose rights and
privileges, secured by the United States Constitution, have been deprived by final actions of
Federal agencies, or other government officials, or entities acting under color of State law; to
prevent Federal courts from abstaining from exercising Federal jurisdiction in actions in which
no State law claim is alleged; to permit certification of unsettled State law questions that are
essential to Federal claims arising under the Constitution; to allow for efficient adjudication of
constitutional claims brought by injured parties in the United States district courts and the
Court of Federal Claims; to clarify when government action is sufficiently final to ripen
certain Federal claims arising under the Constitution; and for other purposes.
STATUS: Floor Actions
* uNONEu *
STATUS: Detailed Legislative History
Senate Actions
Oct 6, 97:
Read twice and referred to the Committee on Judiciary.
STATUS: Congressional Record Page References
10/06/97 Introductory remarks on Measure (CR S 10428-10429)
COMMlTTEE(S):
. COMMITTEE(S) OF REFERRAL:
Senate Judiciary
AMENDMENT(S):
"*NONE***
10 COSPONSORS:
~en Reid - 10/06/97
Sen Coverdell - 10/06/97
EXHIBiT 1
12:09 PM
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Monday, December 08,1997
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Bill Swnmary & Status
Sen Thunnond - 10/06/97Sen Gramm - 10/06/97
Sen Bums - 10/06/97 Sen Warner - 10/20/97
Sen Hutchison - 10/20/97 Sen Lort - 10/20/97
Sen Sessions - 10/28/97 Sen Ha~e] - 11/07/97
SUMMARY:
(AS INTRODUCED)
Page 2 'of 2
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Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to
challenge the validity of any Federal agency action that adversely affects the owner's interest in
private property in a district court or the United States Court of Federal Claims (claims court).
(Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for
monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal
agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this
section in a district court or the claims court. Waives sovereign immunity of the United States
regarding such an action.
(Sec. 6) Grants: (1) any person adversely affected by a Federal agency action standing to challenge
and seek judicial review of that action without first exhausting administrative remedies, subject to
specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive
jurisdiction of any action filed under this Act.
(Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render
judgment upon certain claims against the United States for monetary relief and for invalidation of
any Act of Congress or regulation of an executive department under this Act. Grants the claims court
the power to grant injunctive and declaratory relief in any case within its jurisdiction.
Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in
other courts. Expands the district court's jurisdiction to include concurrent jurisdiction over civil
actions filed under this Act.
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Specifies that any claim or action brought to redress the deprivation of a property right or privilege
secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision
by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S.
State or territory that causes actual and concrete injury to the party seeking redress.
Sets forth provisions regarding final decisions, related State proceedings, and certification of
questions of State law.
(Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the
taking of private property.
(Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award
litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff.
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Monday, December 08, 1997
12:09 PM
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Bill Summary & Status
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Bill Summary & Status for the lOSth Congress
Page 1 of6
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NEW SEARCH I HOME I HELP
H.R.1534
SPONSOR: Rep Galle~ly (introduced 05/06/97)
MAJOR LEGISLATION
TITLE(S):
. POPULAR TITLE(S):
Private Property Rights bill
. SHORT TITLE(S) AS INTRODUCED:
Private Property Rights Implementation Act of 1997
. OFFICIAL TITLE AS INTRODUCED:
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A bill to simplify and expedite access to the Federal courts for injured parties whose rights and
privileges, secured by the United States Constitution, have been deprived by final actions of
Federal agencies, or other government officials or entities acting under color of State law; to
prevent Federal courts from abstaining from exercising Federal jurisdiction in actions where
no State law claim is alleged; to pennit certification of unsettled State law questions that are
essential to resolving Federal claims arising under the Constitution; and to clarify when
government action is sufficiently final to ripen certain Federal claims arising under the
Constitution.
STATUS: Floor Actions
11/13/97 Referred to Senate Committee on the Judiciary (CR 812574)
10/22/97 Measure passed House, amended, roll call #519 (248MI78) (CR H8964)
10/22/97 Motion to recommit to Committee on the Judiciary rejected in House (CR H8963)
10/22/97 Measure considered in House (CR HR8940-8964)
10/22/97 Measure called up by special rule (H. Res.271) in House (CR H8940)
10/21/97 Reported to House from the Committee on the Judiciary with amendment, H. Rept. 105-323
(CR H8927)
STATUS: Detailed Legislative History
House Actions
May 6, 97:
Referred to the House Committee on the Judiciary.
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Jul 9, 97:
Referred to the Subcommittee on Courts and Intellectual Property.
Sep 25, 97:
Subcommittee Hearings Held.
EXHIBIT ~
12: 13 PM
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Monday, December 08, 1997
Bill Summary & Status
Page 2 of6
Sep 30,97:
Subcommittee Consideration and Mark-up Session Held.
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Sep 30, 97:
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Oct 7, 97:
Committee Consideration and Mark-up Session Held.
Oct 7, 97:
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10.
Oct 21, 97:
Reported to House (Amended) by House Committee on Judiciary. H. Rept. 105-323.
Oct 21, 97:
Placed on the Union Calendar, Calendar No. 187.
Rules Committee Resolution H. Res. 271 Reported to House.
Oct 22, 97:
HA 433 Amendment Offered by Representative Traficant.
HA 433 On agreeing to the Traficant amendment (A001) Agreed to by voice vote.
HA 434 Amendment Offered by Representative Boehlert.
HA 434 On agreeing to the Boehlert amendment (A002) Failed by recorded vote: 178 - 242 (Roll
no. 518).
Rule H. Res. 271 passed House.
Called up by House under the provisions of rule H. Res. 271.
Considered by House as unfinished business.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of
the Whole House on the state of the Union.
Passed House (Amended) by recorded vote: 248 M 178 (Roll no. 519).
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Senate Actions
Oct 23, 97:
Received in the Senate.
Nov 13, 97:
Read twice and referred to the Committee on Judiciary.
STATUS: Congressional Record Page References
10/21/97 Full text of Campbell amendments printed (CR H8929-8930)
10/22/97 Full text of Committee amendment as modified by special rule printed (CR H8954-8955)
10/22/97 Full text of Traficant amendment printed (CR H8955)
10/22/97 Full text ofBoehlert amendment printed (CR H8956-8957)
COMMITTEE(S):
· COMMITIEE(S) OF REFERRAL:
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House Judiciary
Senate Judiciaxy
Monday, December 08, 1997
12:13 PM ) I
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Bill Summary & Status
Page 3 of6
. COMMITIEE(S) REPORTING:
House Judiciary
. SUBCOMMITTEE(S):
Hsc Courts and Intellectual Property
AMENDMENT(S):
H.AMDT.433 - H.AMDT.434
239 COSPONSORS:
Rev Goode - OS/22/97 Re.p Royce - OS/22/97
ReI) Sessions - OS/22/97 ReI' Bryant. E. ~ OS/22/97
ReJ) Hill ~ 06/12/97 Re.p Pickett - 06/12/97
ReI) Sensenbrenner - 06/12/97Rep Neumann - 06/12/97
ReI' Bonilla - 06/23/97 ReI) Combest ~ 06/23/97
ReI) Holden - 06/23/97 Rep Ri~~s - 06/23/97
ReI) Weller - 06/26/97 ReI) McIntosh - 06/26/97
ReI) En2lish . 06/26/97 Rev Barcia - 06/26/97
Re.p Her~er - 06/26/97 Rev Cunnin~ham ~ 06/26/97
Re.,p McInnis - 06/26/97 Rev Turner - 06/26/97
Re.,p Canady - 06/26/97 ReI) Thornberry - 06/26/97
R~V Dooley. 07/08/97 R~V Frost - 07/08/97
Rep Hac;tin~s. D. - 07/08/97 Rev Hansen. 07/08/97
Re.p Riley - 07/08/97 Rev Schaffer - 07/08/97
Re.p Paxon - 07/11/97 Rep Brady - 07/11/97
R~V Collins. M. . 07/11/97 Rev Traficant - 07/11/97
R~V Bliley - 07/11/97 Rev Jenkins - 07/11/97
ReI) Bishop - 07/11/97 Rep Boehner - 07/11/97
Rev Goodlatte - 07/22/97 Rev Pascrell - 07/22/97
Rep Lewis. Jerry - 07/22/97 Re-p Solomon - 07/22/97
Rev Condit - 07/22/97 Rev Dreier - 07/22/97
Re<V Fazio - 07/22/97 Rev Hutchinson - 07/22/97
Rev Shimkus - 07/22/97 Rev Ensi~n - 07/22/97
Rev Calvert - 07/22/97 Rev Doolittle ~ 07/22/97
Rep Kolbe - 07/22/97 ReI' Cox - 07/22/97
Rev McCollum ~ 07/22/97 Rev Cannon - 07/22/97
Rev Hall. R. - 07/22/97 Rep Chenoweth - 07/22/97
Re.p Bllnnin~ - 07/25/97 Rev Kim - 07/25/97
Re.,p Hilliard - 07/25/97 ReI) Hayworth - 07/25/97
Rev Northup - 07/25/97 Re.p Deal- 07/25/97
Rev Christensen - 07/25/97 Rev Packard - 07/25/97
Re.p Pickerin~ - 07/25/97 ReI' Gekas. 07/25/97
Rep McHu~h - 07/25/97 Rep GilImor - 07/25/97
Rev Hefley - 07/25/97 Re.V CookseY - 07/25/97
ReV McKeon - 07/25/97 Re.p Salmon - 07/25/97
Monday, December 08, 1997
12:13 P~ ~ )/
Bill Summary & Status
Rep ROl:an - 07/25/97
R((p Underwood - 07/30/97
R((p Skeen - 07/30/97
R((p Wicker - 07/30/97
Rep Ehrlich M 07/30/97
Rep Gibbons ~ 07/30/97
Rep Foley - 07/30/97
Rep Upton - 07/30/97
Rep Smith. C. - 07/30/97
R((V Tauzin M 07/30/97
R((V Jones M 07/30/97
ReJ) Kin2"ston - 07/30/97
R((p Martinez - 07/30/97
Rep Metcalf - 07/30/97
Rep Spence M 07/30/97
Rep Re~a ~ 07/30/97
Rep Roukema - 07/30/97
Rep Saxton - 07/30/97
Rep Dickey - 07/30/97
Rep Bono - 07/30/97
R~ McCrery - 07/30/97
Rep Johnson. S. - 07/30/97
Rep Baker. R. - 07/30/97
Rep Smith. Linda - 07/31/97
Rep Barr ~ 07/31/97
R((p Peterson. C. - 07/31/97
Rep Graham ~ 07/31/97
Rep Fowler ~ 07/31/97
Rep Weldon. C. M 07/31/97
R((V Chabot - 07/31/97
Rev Edwards - 07/31/97
Rep Cnwo - 07/31/97
Rep Duncan - 09/04/97
Rep Gutknecht - 09/04/97
Rev Pryce - 09/04/97
Rep Barrett. B. - 09/04/97
Rep Youn~. D. - 09/04/97
R((p Nethercutt - 09/04/97
Rep Aderholt - 09/04/97
Rep Dunn - 09/04/97
Rev Tiahrt - 09/04/97
Rep Camp - 09/04/97
R((V Stearns - 09/16/97
R(';p Goodlin~ - 09/16/97
Rep Hoekstra - 09/16/97
Rep White - 09116/97
R((p McDade - 09/16/97
Rep Hobson - 09/16/97
Monday, December 08, 1997
Page 4 bf6, .
Rep Smith. R. - 07/25/97
Rep Inilis - 07/30/97
Rev Chambliss - 07/30/97
Rep Schiff - 07/30/97
Rep Shade~l: ~ 07/30/97
R((p Parker - 07/30/97
Rep Ballen~er - 07/30/97
Rep Watkins - 07/30/97
R((p Hunter - 07/30/97
Rep Ha~ert - 07/30/97
R((p Callahan - 07/30/97
Rep LoBiondo - 07/30/97
R((p Cook ~ 07/30/97
Rep Ortiz - 07/30/97
R((p Wamp - 07/30/97
Rep Gran~er - 07/30/97
R~ Thomas - 07/30/97
Rep KnollenbeI:~ - 07/30/97
R((p Coble - 07/30/97
Rep Pombo - 07/30/97
Rep Rohrabacher - 07/30/97
Rep Burton - 07/30/97
Rep Stump - 07/31/97
R~ Livin~ston - 07/31/97
Rev Smith. Lamar - 07/31/97
Rep I.atham - 07/31/97
Rep Radanovich - 07/31/97
Rep Brown. G. - 07/31/97
Rev Stenholm - 07/31/97
Rep Watts - 07/31/97
Rep Franks. B. - 07/31/97
Rep Danner - 09/04/97
R((p Baesler - 09/04/97
Rep Talent - 09/04/97
Rep Cramer - 09/04/97
Rep Smith. N. ~ 09/04/97
Rep Miller. D. - 09/04/97
Rep Pappas - 09/04/97
R~ Myrick - 09/04/97
Re.p Sandlin - 09/04/97
Rep Berty - 09/04/97
Rep Everett ~ 09/16/97
Rep Bachus - 09116/97
Rep Souder - 09/16/97
Rep R.yun - 09/16/97
R((p Fa]eomavae~a - 09116/97
Rep Cubin - 09/16/97
Rep Nussle - 09116/97
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Bill Summary & Status
R~p Dicks - 09/16/97
Rep Bilirakis ~ 09/16/97
R~ Petri ~ 09/16/97
Rep Hamilton - 09/16/97
Rep Armey - 09/23/97
Re.p Tauscher ~ 09/23/97
Re.p Manzullo ~ 09/23/97
Re.p Weldon. D. - 09/23/97
Rep John - 09/23/97
R~p Wolf - 09/23/97
Rep Lucas - 09/23/97
Re.p Bartlett - 09/23/97
R~ Bilbray - 09/23/97
Rep Whitfield - 09/23/97
R~ Moran. Jerry - 09/23/97
Rep Paul- 09/23/97
R~ Norwood - 09/23/97
R~ Redmond - 09/23/97
R~p Hoyer - 09/23/97
Re.p Davis. T. - 09/23/97
Rep Gilman - 09/24/97
Rep Sisisky - 09/24/97
R~ Sununu - 09/24/97
Rep Kasich - 09/24/97
Rep Lewis. R. - 09/24/97
Rep Johnson. N. - 09/24/97
R~ Lar~ent - 09/24/97
R~ Crane - 09/24/97
R~ Hou2hton - 09/26/97
Rep Gordon - 09/26/97
R~p Hilleary - 10/02/97
Re.p Shaw - 10/02/97
R~p Doyle - 10/06/97
R~ Thune - 10/06/97
Rep Burr - 10/09/97
Re.p Kin~. 10/21/97
Rep Hulshof ~ 10/21/97
SUMMARY:
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Page 5 of6
Rep Ro~ers ~ 09/16/97
Re,p Pitts - 09/16/97
R~p LaHood. 09/16/97
Rep Mica - 09/16/97
Re.p Scarborough - 09/23/97
Re.p Buyer - 09/23/97
Re.p DeLay - 09/23/97
Re.p Nf(y - 09/23/97
R~p Horn - 09/23/97
Rep Schaefer - 09/23/97
R~p Coburn - 09/23/97
R((p Barton - 09/23/97
Rep y oun~. C. - 09/23/97
Re.p Archer - 09/23/97
Re.p Linder - 09/23/97
Re.p Blunt - 09/23/97
Re,p Skelton. 09/23/97
Re,p Thompson - 09/23/97
Rep Emerson - 09/23/97
Re.p Boyd - 09/24/97
Re.p Peterson. 1. - 09/24/97
Rep Green - 09/24/97
Re,p Oxley - 09/24/97
R~p Istook ~ 09/24/97
Re.p Leach. 09/24/97
R~p Porter - 09/24/97
Re.p Oberstar - 09/24/97
R~p Murtha. 09/24/97
Re'p Sanford ~ 09/26/97
Rep Snowbar2'er - 10/02/97
Re.p Diaz-Balart - 10/02/97
Rep Blumenauer - 10/02/97
Rep Taylor. C. - 10/06/97
Rep Shuster - 10/08/97
Rep Taylor. G. - 10/09/97
Re,p Rothman - 10/21/97
(REVISED AS OF 10/22/97 -- Passed House, amended)
Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide
that whenever a district court has jurisdiction in a civil rights case in which the operative facts
concern the uses of real property, it shall not abstain from exercising or relinquishing its jurisdiction
to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged
and where a parallel proceeding in State court arising out of the same operative facts as the district
court proceeding is not pending.
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Monday, December 08, 1997
12:13 P~ crt j /
Bill Summary & Status
Page 6'of6 .
Authorizes the district court, in such cases that cannot be decided without resolution of an unsettled
question of State law, to certify such question to the highest appellate court of that State. Directs the
district court to proceed with resolving the merits after the State appellate court resolves the .
question. Bars the district court from certifying a question of State law unless it will significantly
affect the merits of the injured party's Federal claim and is patently unclear.
(Sec. 3) Provides that: (1) any claim or action brought to redress the deprivation of a property right or
privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final
decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or
usage, of any State or territory of the United States, that causes actual and concrete injury to the party
seeking redress; and (2) any claim that is brought under provisions regarding the United States as
defendant and regarding the jurisdiction of the Court of Federal Claims and that is founded upon a
property right or privilege secured by the Constitution but allegedly infringed ortaken by the United
States shall be ripe for adjudication upon a final decision rendered by the United States that causes
actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final
decision" in each case above, including providing, respectively, that: (1) a final decision shall not
require the party seeking redress to exhaust judicial remedies provided by any State or U.S. territory;
and (2) the party seeking ~edress shall not be required to apply for an appeal to or waiver by an
administrative agency if no such appeal or waiver is available, if it cannot provide the relief
requested, or if application or reapplication to use the property would be futile.
(Sec. 5) Requires a Federal agency, whenever it takes an agency action lintiting the use of private
property that may be affected by this Act, to give notice to the owners of that property explaining
their rights and the procedures for obtaining any compensation that may be due to them pursuant to .
amendments under this Act.
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Monday, December 08, 1997
12:13 PM
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'19~ ~j82 CITY OF DUBLIN
. -~~ Po. Box 2340, Dublin, California 94568
--1LJro"9..:'S,'"
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City Offices. 100 Civic Plaza, Dublin, California 94568
December 17, 1997
Honorable Senator Feinstein
525 Market Street, #3670
San Francisco, CA 94105
Dear Senator Feinstein:
RE: Senate Bill 1256
By direction of the Dublin City Council, I would urge your opposition to Senate Bill 1256 (Hatch)
regarding potential Federal Court judicial relief if local land use decisions are denied. It is the City
Council's strong opinion that local land use issues should be resolved by either resolution of
administrative remedies or relief in State Courts.
.
This Bill will encourage more litigation against cities by forcing Federal Courts to intrude prematurely
into local resolution of land use disputes. This is a very important issue to cities. The Dublin City
Council would encourage you to vote no on this bill.
Sincerely, .
Guy Houston
Mayor
City of Dublin
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EXlllBIT 3
Administration (510) 833-6650 . City Council (510) 833-6605 . Finance (510) 833-6640 . Building Inspection (510) 833-6620
Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 . Parks & Community Services (510) 833-6645
Economic Development (510) 833-6650 . Police (510) 833-6670 . Public Works (510) 833-6630 q J J /
Community Development (510) 833-6610 . Fire Prevention Bureau (510) 833-6606 f vO
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!III/~.~'I~~\\\\ C
:19 -=.- -I:- 181. ITY OF DUBLIN
-~~ po. Box 2340, O"b"n, Calilomia 94568
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City Offices. 100 Civic Plaza, Dublin, California 945
December 17, 1997
Honorable Senator Boxer
1700 Montgomery Street, #240
San Francisco, CA 94105
Dear Senator Boxer:
RE: Senate Bill 1256
By direction of the Dublin City Council, I would urge your opposition to Senate Bill 1256 (Hatch)
regarding potential Federal Court judicial relief if local land use decisions are denied. It is the City
Council's strong opinion that local land use issues should be resolved by either resolution of .
administrative remedies or relief in State Courts.
This Bill will encourage more litigation against cities by forcing Federal Courts to intrude prematurely
into local resolution of land use disputes. This is a very important issue to cities. The Dublin City
Council would encourage you to vote no on this bill.
Sincerely,
Guy Houston
Mayor
City of Dublin
EXHIBIT 3
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Administration (510) 833-6650 . City Council (510) 833-6605 . Finance (510) 833-6640 . Building Inspection (510) 833-6620
Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 · Parks & Community Services (510) 833-6645
Economic Development (510) 833.6650 . Police (510) 833-6670 . Public Works (510) 833-6630 ID J ) I
Community Development (510) 833-6610 . Fire Prevention Bureau (510) 833-6606 "'f.)
. ' ' . Of D[/',
. ~~~
!,uT~7~,~~\ CITY OF DUBLIN
,19'~ ~'bl
. ---.:~ F'O. Bo' 2340, Dublin, Califomia 94568
\.:U lfOr;..:'-..'"
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City Offices, 100 Civic Plaza, Dublin, California 94568
December 17, 1997
Honorable Congresswoman Tauscher
1801 N. CalifomiaBlvd., #103
Walnut Creek, CA 94596
Dear Congresswoman Tauscher:
RE: House of Representatives Bill 1534
'By direction of the Dublin City Council, I would urge your continued opposition to House of
Representatives Bill 1534 (Gallegly) regarding potential Federal Court judicial reliefiflocalland use
decisions are denied. It is the City Council's strong opinion that local land use issues should be resolved
by either resolution of administrative remedies or relief in State Courts.
.
This Bill will encourage more litigation against cities by forcing Federal Courts to intrude prematurely
into local resolution of land use disputes. This is a very important issue to cities. The Dublin City
Council would encourage you to vote no on this bill if this Bill reappears in ajoint Senate-House
Conference Committee recommendation.
Sincerely, '.
Guy Houston
Mayor
City of Dublin
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EXHIBIT 4
Administration (510) 833-6650 . City Council (510) 833-6605 . Finance (510) 833-6640 . Building Inspection (510) 833-6620
Code Enforcement (510) 833-6620 . Engineering (510) 833.6630 . Parks & Community Services (510) 833-6645
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