Epstein

Epstein v. Hollywood Entertainment District II Business Improvement District

Good Law
104 Cal. Rptr. 2d 857·2001 Cal. App. LEXIS 168·2001 Daily Journal DAR 2513·87 Cal. App. 4th 862
Court of Appeal of CaliforniaMarch 8, 2001B134256California5,753 words

Opinion

Opinion

Croskey, J.

The Hollywood Entertainment District II Business Improvement District (BID II) is a special assessment district in the City of Los Angeles (City). The Hollywood Entertainment District Property Owners Association (the POA), a 26 United States Code section 501 (c)(6) nonprofit corporation, administers the funds City raises through assessments on businesses within BID IPs boundaries. The money is used to contract for such things, as security patrols, maintenance, street and alley cleaning, and a newsletter.

Aaron Epstein (plaintiff), who owns property zoned for business purposes within BID II, sued defendants to establish that the POA was required to comply with the Ralph M. Brown Act (the Brown Act or the Act) (Gov. Code, § 54950 et seq.) by holding noticed, open meetings and posting its agenda in advance. His motion for a prehminary injunction was denied after the superior court concluded that the Brown Act did not apply because (1) the POA had not been created by City, and (2) the POA had preexisted the creation of BID II by at least two years.

Plaintiff filed timely notice of appeal. We reverse. The facts of this case come within the parameters of our holding in…

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