Court of Appeal Publishes Opinion in Hotly Debated Community Redevelopment Case

January 14, 2010

The Court of Appeal has published its December opinion in JSM Rivara, LLC v. the Community Redevelopment Agency of the City of Los Angeles and the City of Los Angeles (JSM Rivara, LLC v. CRA/LA).

Its publication underscores the importance of the case for redevelopment agencies around the state. JSM Rivara, LLC v. CRA/LA raised significant questions, as well as public debate, about the extent to which redevelopment agencies have the authority, under the state's Community Redevelopment Law, to impose design and development controls to implement redevelopment plans. The Court's affirmation that the actions of the CRA/LA in this case carried out the mandates of state law, rather than local laws, represented a major victory for redevelopment agencies in their efforts to eliminate blight and revitalize communities. The Court also clarified the application of state density bonus requirements in redevelopment areas.

Read the published opinion here.

This opinion is a resounding victory for redevelopment agencies seeking to adopt and implement redevelopment plans to revitalize their communities. For further information, please contact Dawn McIntosh or Deborah Fox.

Contact
Dawn McIntosh
Senior Of Counsel
E-mail
213.626.2906

Dawn McIntosh has two decades of in-depth experience in environmental law, including the Endangered Species Act (ESA), the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), water quality and water rights issues, regulatory compliance, complex land use litigation, constitutional law, civil rights claims, and Fifth Amendment takings.
Deborah J. Fox
Principal
E-mail
213.626.2906

Deborah Fox is one of California’s foremost experts on First Amendment issues affecting the public sector. Her practice includes trial and appellate work in state and federal courts and frequently involves civil rights claims for violation of substantive and procedural due process, equal protection, the First Amendment, environmental claims and inverse condemnation.