Plunkett

On 28 November 1972 the City Council of the City of Lakewood enacted pursuant to the California Community Redevelopment Law (Health & Saf. Code, § 33000 et seq.) Ordinance 72-18, a redevelopment plan for a portion of Lakewood around the Lakewood Center shopping area. On 10 April 1973, more than four months after the enactment of the plan, Donald R. Plunkett, on behalf of himself and all other Lakewood taxpayers, filed an action against the city, members of the city council, the city treasurer, and the Lakewood Center, seeking to declare the ordinance void, to enjoin further expenditure of city funds under the ordinance, and to obtain reimbursement for city funds already spent.

The trial court sustained a demurrer to the complaint without leave to amend on the ground the action failed to meet the 60-day filing requirement of Health and Safety Code section 33500: “No action attacking or otherwise questioning the validity of any redevelopment plan, or the adoption or approval of such plan, or any of the findings or determinations of the agency or the legislative body in connection with such plan shall be brought prior to the adoption of the redevelopment plan nor at any…