Nolan

Nolan v. Redevelopment Agency

Good Law
117 Cal. App. 3d 494·172 Cal. Rptr. 797·1981 Cal. App. LEXIS 1533
Court of Appeal of CaliforniaMarch 30, 1981Civ. 56898California2,085 words

Opinion

Opinion

Files, J.

This is an appeal from a judgment dismissing a citizen-taxpayer’s action against the Redevelopment Agency of the City of Burbank (hereafter Agency) and a partnership, the Center at Burbank Airport (hereafter the Center).

The complaint, filed April 29, 1977, was stated in two counts. The first alleged that a sale of Agency real property to the Center at less than its original appraised value constituted waste of public property. The second alleged that the Agency had failed to follow its own rules and procedures in entering into a disposition and development agreement with Center concerning the property, in that the Agency did not give priority to local developers, did not allow public bidding, and did not provide a public hearing as required by law.

Plaintiff sought rescission of the disposition and development agreement, an injunction against its execution, reappraisal of the property, and a public hearing on disposition of the property.

On May 31, 1977, the Burbank City Council held a public hearing pursuant to section 33433 of the Health and Safety Code at which it adopted a resolution approving the sale to the Center on the same terms that the Agency had approved…

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