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
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