Meyers Nave Obtains Rare Writ of Supersedeas
On Nov. 12, Division One of the Second Appellate District granted a rare writ of supersedeas benefiting Meyers Nave’s client in a case that will help define the constitutional powers of elected bodies. The case addresses whether the Los Angeles City Council may withdraw its “delegation” of authority to the Retirement Board in setting the amount of a health care “subsidy” for retired Police and Fire Department union members.
“This is only the second time in over 30 years of California appellate practice that I have seen one of these,” said Harry W.R. Chamberlain, Principal and Certified Specialist in Appellate Law at Meyers Nave. Supersedeas preserves the “status quo” while the City of LA pursues its appeal on constitutional and statutory grounds challenging the trial court’s finding that authority was irrevocably “vested” in the Board. The writ of supersedeas enjoins enforcement of the Superior Court’s decision that authorized the Retirement Board to proceed. It also stays the remaining trial court proceedings until the issues are resolved on appeal.