California Court of Appeal

In an action brought by a city and public agencies under section 860 of the Code of Civ. Proc. to determine the validity of a financing agreement, trial court's judgment in favor of the city and the public agencies is affirmed where: 1) the purchase and renovation of the property was a proper use of the low-moderate income housing fund; 2) Article XXXIV of the California Constitution does not require submission of the project to a vote of the electorate; 3) the transaction is not invalidated by reason of the district's lease of a property without complying with Gov. Code section 54222; 4) there is no merit to taxpayers' claim that the agency failed to comply with section 33433; and 5) the common law doctrine of "incompatibility of office" does not apply.

Appellate Information

• Decided 04/20/2010
• Published 04/20/2010

Judges

• LICHTMAN, J.*

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Timothy K. Quick for Defendant, Cross-complainant and Appellant Cerritos Taxpayers Association., C. Robert Ferguson for Defendant, Cross-complainant and Appellant United Community Alliance., Richard A. Rothschild, S. Lynn Martinez and Andrea Luquetta for Western Center on Law and Poverty, as Amicus Curiae on behalf of Defendants, Cross-complainants and Appellants Cerritos Taxpayers Association and United Community Alliance., Rutan & Tucker, Dan Slater, Mark J. Austin and William H. Ihrke for Plaintiffs, Cross-defendants and Respondents City of Cerritos and Cerritos Redevelopment Agency and for Cross-defendants and Respondents Cuesta Villas Housing Corporation, Laura Lee, Jim Edwards, Bruce W. Barrows, Joseph Cho and John F. Crawley., Atkinson, Andelson, Loya, Ruud & Romo, Constance J. Schwindt, Martin A. Hom and Jennifer D. Cantrell for Plaintiff, Cross-defendant and Respondent ABC Unified School District.