Hotel Site - Legal Opinion

Article Source: Justia US Law

San Bruno Committee for Economic Justice v. City of San Bruno

Justia Opinion Summary

Plaintiffs sought a writ of mandate regarding their efforts to place a referendum on the ballot concerning a resolution passed by the City of San Bruno, approving the sale of real property, the former U.S. Navy facility, to a hotel developer. There has been previous redevelopment of the site and the hotel property is only one-and-one-half acres. The trial court held that the subject resolution constituted an administrative act and was therefore not subject to referendum. The court of appeal affirmed. The city is not acquiring land for any municipal purpose, and is not appropriating any of its own funds in connection with the real estate transaction; it sold land to a private developer for a profit and is not providing any subsidy to the developer. The property will not house any municipal buildings or be used to serve any municipal function. The sale simply implements prior legislative acts, amendments to the city’s Specific Plan to permit the development of the property.

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Robert Riechel

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Source Credit: Justia US Law

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