Community Youth Athletic Center v. City of National City

Good Law
170 Cal. App. 4th 416·2009 Cal. App. LEXIS 66·87 Cal. Rptr. 3d 903
Court of Appeal of CaliforniaJanuary 22, 2009D052584California5,823 words

Opinion

Opinion

Huffman, J.

Plaintiff and appellant Community Youth Athletic Center, a nonprofit entity (plaintiff), filed this “reverse validation” action under Code of Civil Procedure section 863 to challenge the validity of an ordinance that amends a 1995 redevelopment plan enacted by the City of National City and its community development commission (together, the City). (Health & Saf. Code, § 33000 et seq.; the Community Redevelopment Law.) The challenged City ordinance, No. 2007-2295 (the ordinance), extends the time period for treating approximately 700 parcels of real property, including that owned by plaintiff, as blighted and allowing eminent domain takings of them. Plaintiff’s complaint alleges the procedures followed by the City in this respect are not supported by the law or the facts, and seeks declaratory relief, injunctive relief and damages, along with attorney fees and costs, under several statutory and constitutional theories. ( 42 U.S.C. § 1983 ; Cal. Const., art. I, § 7, subd. (a) (takings clause); Gov. Code, § 6258 (Public Records Act).)

Pursuant to the statutory scheme for validation and reverse validation proceedings (§ 860 et seq.; the validation law), plaintiff obtained a…

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