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CVP/LC v ABAG on Brown Act Appeal - Update

In my article of August 17, 2019, I related the outcome of the San Francisco Superior Court’s ruling on the case of Community Venture Partners/Livable California v The Association of Bay Area Governments.

In that case, CVP/LC argued that ABAG violated the Brown Act because

(1) They failed to “report (record) the votes and abstentions” on a substitute motion at their hearing, and

(2) Their “remedy” to address that violation failed to comply with requirements of under the law.

As noted in that article, CVP/LC lost that decision in the trial court in what I characterized as one of the worst decisions I’ve ever witnessed.

To read the full description, please click here.

Subsequently, in November of 2019, CVP/LC filed its appeal to the trail court’s decision with the Court of Appeal. That process is now underway and we anticipate the submission of arguments to begin in the coming months.

Jason Bezis has done an outstanding job taking our case before the trial court. However, in order to ensure that we make our best efforts before the Court of Appeal, we have agreed to bring on a seasoned Appeal Court attorney and a specialist in the Brown Act, named Paul Boylan.

Mr. Boylan has more than a dozen favorable decisions of record before the California Court of Appeal. He is also an Adjunct Professor at the McGeorge School of Law and a visiting professor around the world.

We are pleased announce that Paul will now be our lead counsel on the case, going forward, with Jason Bezis as co-counsel.

Bob Silvestri is a Mill Valley resident and the founder and president of Community Venture Partners, a 501(c)(3) nonprofit community organization funded only by individuals in Marin and the San Francisco Bay Area. Please consider DONATING TO CVP to enable us to continue to work on behalf of Marin residents.