California Court of Appeal

Dismissal of taxpayer suit, challenging actions of defendant city arising out its purchase and sale of 105 acres of residential property that were formerly part of a military base, as time-barred is reversed where the trial court erred in its application of the 60-day statute of limitations for validation proceedings and consequent dismissal of the action, as defendant's conveyance of property and prior execution of a contract with a developer was not subject to validation.

Appellate Information

• Decided 09/20/2006
• Published 09/20/2006

Judges

• DUFFY, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jay P. Renneisen, Law Offices of Jay P. Renneisen, Walnut Creek, Heidi K. Whilden, Law Offices of Heidi K. Whilden, Edward P. Dudensing, Law Offices of Edward P. Dudensing, Sacramento, Michael J. Whilden, Law Offices of Michael J. Whilden, for Plaintiff and Appellant.


• For Appellees:
  
• Donald G. Freeman, Perry & Freeman, Claudia J. Martin, Lee C. Rosenthal, Goldfarb & Lipman, Oakland, for Defendants and Respondents City of Seaside, et al., Julie L. Woods, Barry R. Levy, Horvitz & Levy, Encino, Kenneth B. Bley, Cox, Castle & Nicholson, Los Angeles, for Defendants and Respondents K & B Bakewell Seaside Venture., Jennifer B. Henning, California State Association of Counties, David P. Landerman, Breanna E. Moorhead, Sheppard, Mullin, Richter & Hampton, for amicus curiae on behalf of Respondents.