Millbrae School District v. Superior Court

The Millbrae School District, the San Mateo Union High School District, the San Mateo County Community College District, and the San Mateo County Superintendent of Schools (petitioners) contest a ruling dismissing their action below. Their action, which challenged a redevelopment project approved by the Millbrae Redevelopment Agency and the Millbrae City Council, was dismissed for failure to comply with the requirements for “validating proceedings” set forth in Code of Civil Procedure sections 860 through 870. Petitioners contend that because of the wording of section 869, public agencies are not barred from bringing challenges outside of the validating proceedings. We disagree with their interpretation of section 869. But we grant their petition, because we find “good cause” (§ 863) for failing to meet all the requirements for validating proceedings.

Because this petition raises only procedural questions, we will not describe the proposed redevelopment or explain petitioners’ legal challenge to its approval. We will only set forth the pertinent procedures and legal arguments of the parties.

On July 12, 1988, the city council and redevelopment agency approved the…