RECENT CALIFORNIA DECISIONS

June 2006

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Upon Reconsideration, Second District Confirms Settlement Reached Between City and Developer in Closed Session Violates the Brown Act
Trancas Property Owners Association v. City of Malibu, ___Cal.App.4th___

Following a rehearing to further consider whether the Brown Act’s pending litigation exception permitted adoption of a settlement agreement in closed session, on March 30, 2006, the Second District Court of Appeal again concluded that the Brown Act’s “implied exemption” for adoption of settlement agreements in closed session did not permit the City of Malibu City Council to adopt a settlement agreement in closed session.