Sheppard Mullin Secures Appellate Win for California Charter Schools Association
Sheppard Mullin recently secured a victory before the California Appellate Court, Second District for client California Charter Schools Association (CCSA). The Court of Appeal unanimously granted CCSA’s appeal, reversing the trial court’s judgment that had affirmed the legality of the City of Huntington Park’s enactment of an urgency moratorium barring development of charter schools.
“The Court of Appeal held that the City failed to adequately support its claim of ‘urgency,’ and thus abused its discretion in enacting the development moratorium,” said Sheppard Mullin partner Arthur Friedman who led the team. “This decision adds significantly to land use and municipal authority law, and provides a warning to local agencies who might consider enacting an urgency moratorium on development for political purposes without legal justification.”
This case generated support from the California Building Industry Association and Pacific Legal Foundation, both of whom submitted amicus briefs in support of the appeal.
The Sheppard Mullin team included partner Arthur Friedman and associate Alex Merritt.
The case is California Charter Schools Association v. City of Huntington Park (May 16, 2019, B284162) ___ Cal.App.5th ___.
Read the Court’s order here.