RECENT CALIFORNIA DECISIONS

January 2006

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Brown Act’s Pending Litigation Exception Does Not Authorize Non-Party Agency to Meet in Closed Session with Legal Counsel
Shapiro v. Board of Directors of the Centre City Development Corporation, et al., ___Cal.App.4th.___

The Fourth District Court of Appeal recently held that the pending litigation exception to the Ralph M. Brown Act’s open meeting requirement does not authorize a nonprofit corporation created by the City of San Diego’s Redevelopment Agency (redevelopment agency) to meet in closed session with the agency’s legal counsel. Because the nonprofit corporation was not a party to, and could not be a party to, pending eminent domain litigation, the narrowly construed exception was found inapplicable. The court instructed the trial court to order declaratory and mandamus relief against the city.