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Public Agency Defense

We have provided litigation defense to individuals, municipalities, special districts and public entities throughout Contra Costa, Alameda, Marin and Solano counties. Our attorneys have also represented public entities in transactional and legislative matters and private boardroom advice.

Local Governments Granting Priority To Preferred Businesses Must Provide All Permit Applicants An Equal Opportunity To Submit Applications

Monday, June 28, 2010
By James Ficenec
Local Governments Granting Priority To Preferred Businesses Must Provide All Permit Applicants An Equal Opportunity To Submit Applications

California law permits local governments to favor some types of businesses over others.  For example, in Madain v. City of Stanton, a city ordinance prohibited adult-oriented businesses from operating within 300 feet  of “sensitive uses,” including churches.  Local governments may not, however, manipulate the permit application system to allow preferred uses to gain priority... »

Local Ordinance Authorizing Revocation Of License To Sell Tobacco Not Preempted By State Law

Saturday, May 15, 2010
By James Ficenec
Local Ordinance Authorizing Revocation Of License To Sell Tobacco Not Preempted By State Law

Many businesses are subject to regulation on more than one level.  A business may be subject to federal regulation, state regulation, and local regulation.  A common challenge to the enforcement of a state or local regulation is the argument that the regulation is preempted by the law of a higher level government. »