ZONING - CALIFORNIA

Community Youth Athletic Center v. City of National City

Court of Appeal, Fourth District, Division 1, California - October 30, 2013 - Cal.Rptr.3d - 2013 WL 5823767

In 2007, the City of National City and its Community Development Commission (together, the City), approved an amendment to its 1995 redevelopment plan, ordinance No.2007–2295 (Amendment), that extended the time period authorized by the plan for the use of eminent domain powers within a 300–acre area, based on certain designations of physical and economic blight. (Health & Saf.Code, § 33000 et seq., the Community Redevelopment Law (CRL).

When their opposition to the City’s approval of the Amendment was unsuccessful, Community Youth Athletic Center (CYAC) brought reverse validation action in superior court to seek declaratory and injunctive relief and damages under several statutory and constitutional theories.

After a bench trial, the superior court issued a statement of decision and judgment in favor of CYAC, interested parties and the interested public. In the reverse validation proceedings, the trial court examined the administrative record and set aside the Amendment to the redevelopment plan, by issuing declaratory relief based on its findings of several violations of the CRL:

Upon review the Court of Appeal affirmed the judgment, but reversed the grant of declaratory relief on the due process theory.



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