HomeMy WebLinkAboutAgenda Report - November 2, 2005 E-11�
AGENDA ITEM 1
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Request Authorization for Joinder in Letter Supporting Review in the case of
Macpherson v. City of Hermosa Beach, Case No. B174240 (Appeal from the
decision of the Los Angeles County Superior Court, Case No. BC172546)
MEETING DATE: November 2, 2005 City Council Meeting
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: That the City Council authorize the City Attorney to execute
letter in support of the petition for Supreme Court review in
the case of Macpherson v. City of Hermosa Beach on behalf
of the City of Lodi.
BACKGROUND INFORMATION: This case involves the potential liability of cities for damages
for breach of contract where a local law impairs a contract to
which the city is a party. The Court of Appeal ruled that the
law (enacted by way of initiative) was a valid and constitutional exercise of the police power, but that
because it frustrated performance of a contract to which the city was a party, could give rise to breach of
contract liability. The decision has serious implications for all cities that enter into leases and other
contracts with private parties.
FISCAL IMPACT: None.
APPROVED:
D. Stephen Schwabauer, ttorne
Blair King, City Manager