The California Supreme Court unanimously denied review of a January ruling by a state appeals court that said Oakland was violating California law. The state law, enacted in 2010, requires cities to set up independent appeals boards to hear property owners’ challenges to their penalties, or let their City Council itself hear the appeals. The Court of Appeal’s order provided that cities–even charter cities–cannot modify this law. Oakland argued that state law should not override its decisions as a charter city on local housing policy. But the Court said protections for “the basic rights of property owners” are “a matter of statewide concern.”
On behalf of a WVBR client, Frank Busch obtained publication of the appellate decision, causing it to become statewide precedent. In light of his leadership on this issue, he was quoted in the attached here discussing the ruling.