Open Government/Municipal Agency cases resolved
Open Government.
· On behalf of a north bay community group, Mr. Yates prevailed in 2016 in a Brown Open Meetings Act lawsuit against Marin County. The Board of Supervisors had requested a formal presentation on a controversial topic engaged in an extensive discussion without providing notice to the public. Mr. Yates prevailed in a case of first impression regarding notice and agenda requirements.
· Mr. Yates represented a small community group under the California Public Records Act (CPRA) by filing suit against Marin County. The County cross complained against Mr. Yates for supposedly breaching the False Claims Act. Mr. Yates filed an Anti-SLAPP motion against the County and the Judge threw out the cross complaint and awarded fees and costs to Mr. Yates. The County then settled the CPRA suit by releasing the records and paying all the client's attorneys fees and costs.
· Mr. Yates, representing an open government group, filed suit against the City of Novato for violating the Brown Open Meetings Act. The suit is now on appeal in the 1st District Court of Appeal.
· Elections/Parcel Taxes/Assessments. Tasked with advising on the financial and election law issues for a $400 million parcel tax, Mr. Yates advised his client, a water district, on possible challenges including, ballot wording, bond issues, and special tax requirements. The measure passed and challenges to the measure were not successful.
· Conservation Easements/Brown Act. A community group challenged a municipal board’s actions on a development/conservation easement project due to alleged violations of the state open meetings act. Mr. Yates determined the necessary cure for the violations and the action was able to go forward quickly.
· Federal Grants/Contracts to Municipalities. Mr. Yates provided advice regarding federal affirmative action, National Environmental Policy Act and federal contracting requirements to a municipality looking to comply with deadlines that related to obtaining federal grants. The grant deadlines and Federal requirements were met and the grants were made.
· On behalf of a north bay community group, Mr. Yates prevailed in 2016 in a Brown Open Meetings Act lawsuit against Marin County. The Board of Supervisors had requested a formal presentation on a controversial topic engaged in an extensive discussion without providing notice to the public. Mr. Yates prevailed in a case of first impression regarding notice and agenda requirements.
· Mr. Yates represented a small community group under the California Public Records Act (CPRA) by filing suit against Marin County. The County cross complained against Mr. Yates for supposedly breaching the False Claims Act. Mr. Yates filed an Anti-SLAPP motion against the County and the Judge threw out the cross complaint and awarded fees and costs to Mr. Yates. The County then settled the CPRA suit by releasing the records and paying all the client's attorneys fees and costs.
· Mr. Yates, representing an open government group, filed suit against the City of Novato for violating the Brown Open Meetings Act. The suit is now on appeal in the 1st District Court of Appeal.
· Elections/Parcel Taxes/Assessments. Tasked with advising on the financial and election law issues for a $400 million parcel tax, Mr. Yates advised his client, a water district, on possible challenges including, ballot wording, bond issues, and special tax requirements. The measure passed and challenges to the measure were not successful.
· Conservation Easements/Brown Act. A community group challenged a municipal board’s actions on a development/conservation easement project due to alleged violations of the state open meetings act. Mr. Yates determined the necessary cure for the violations and the action was able to go forward quickly.
· Federal Grants/Contracts to Municipalities. Mr. Yates provided advice regarding federal affirmative action, National Environmental Policy Act and federal contracting requirements to a municipality looking to comply with deadlines that related to obtaining federal grants. The grant deadlines and Federal requirements were met and the grants were made.
