In what appears to be the first such ruling in the history of the Brown Act, an Orange County Superior Court judge has declared null and void an Anaheim City Council approval last year of a tax subsidy to a hotel developer worth up to $158 million. The reason, as Eric Carpenter reports for the Orange County Register: misleading language on a meeting agenda. While Judge Steven Perk also found that the way the deal was handled violated the Anaheim City Charter, the California Environmental Quality Act, the Planning and Zoning Law, and even the city’s own Hotel Development Economic Assistance Program, for once it was the often-scorned open meeting law that delivered the real hammer blow with its 26-year-old but never before executed remedy of nullifying an action taken with sufficiently illegal secrecy or surprise.
About The Editor
Terry Francke has a 39-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers. Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution. Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.
February 7, 2012
September 11, 2018
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