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HomeMy WebLinkAboutAGENDA REPORT 1997 0115 CC REG ITEM 07QR TOWN OF TIBURON ItIENIORANDUnI TO: ALL CALIFORNIA CITY ATTORNEYS DATE: DECEMBER 30, 1996 FROM: ANN R. DANFORTH TOWN ATTORNEY TOWN OF TIBURON SUBJECT: Request to Join as Amicus Kucera v. Lizza This is to request that you join the Town of Tiburon in filing an amicus brief in support of the appeal of a trial court decision that held that the Town of Tiburon's view preservation ordinance was invalid. This appeal could affect the ability of all California Cities to adopt such ordinances. Stated briefly, the issue is whether a municipality can enact a land use regulation that prevents the uncontrolled growth of trees that unreasonably obstruct views or sunlight. The Kucera v. Lizza litigation arose from a property owner's efforts to enforce the Town of Tiburon's view preservation ordinance against a neighbor who refused to trim his trees. The trial court ruled that Tiburon's ordinance exceeded the Town's authority to regulate land use because the ordinance: (1) is directed at protecting aesthetics and property values rather than health and safety; (ii) is imposed on property owners that do not have development appro% als pending before the Town; and (iii) burdens individual properties for the benefit of neighboring ones, and thus illegally creates equitable servitudes in favor of the property owners' whose views are protected. The Town's amicus brief will argue that the lower court's ruling is in direct contradiction to settled caselaw allowing land use regulations for aesthetic purposes and that the protection of views through land use regulations is well within the police powers of cities The League of California Cities' Legal Advocacy Committee voted on December 13, 1996 to urge other cities to join our amicus brief. The brief must be filed on January 17, 1997. Therefore we ask that you complete and return the attached consent form by facsimile no later than January Thank you for your support. cc: Jo Anne Speers, League of Cities KUCERASU.AMI 997 Our fax number is (415) 435 -2438. RECEIVED JAN - 2 1997 )HPAHK