Hesperia Citizens for Responsible Development v. City of Hesperia

I.

INTRODUCTION

Respondents City of Hesperia (City), City Council of the City of Hesperia (City Council), and the Hesperia Community Redevelopment Agency (Agency) entered into a municipal services agreement (MSA) with the Timbisha Shoshone Tribe (the Tribe). The purpose of the MSA was to govern the provision of municipal services to a gaming facility the Tribe was hoping to build within the City of Hesperia and within the Agency’s redevelopment project area. Hesperia Citizens for Responsible Development (Citizens) filed a first amended complaint in which it alleged that respondents’ adoption of the MSA was illegal, on various grounds. For example, Citizens claimed that the Agency’s approval of the MSA violated Health and Safety Code section 33426.5, which generally prohibits redevelopment agencies from assisting businesses in the development of gaming facilities. Respondents filed a motion for summary judgment in which they maintained that they had not violated section 33426.5, and that they were entitled to judgment on Citizens’s other claims, as well. The trial court granted respondents’ motion for summary judgment.

On appeal, Citizens claims that the trial court…