California Court of Appeal

SAN FRANCISCO FIRE FIGHTERS LOCAL 798 v. CITY & CTY. OF SAN FRANCISCO, A104822

When a municipal agency makes a finding of fact that triggers an expansion of its powers, that finding is subject to independent judicial review, however, when the agency simply exercises its discretion within the ordinary scope of its powers, its decisions are reviewed for abuse of discretion.

Appellate Information

• Decided 01/21/2005
• Published 01/21/2005

Judges

• GEMELLO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• McCarthy, Johnson & Miller, Diane Sidd-Champion and Daniela I. Kraiem, San Francisco, Counsel for plaintiff and appellant.


• For Appellees:
  
• Dennis J. Herrera, City Attorney, Wayne K. Snodgrass and Molly S. Stump, Deputy City Attorneys, Counsel for defendant and respondent.