1998-012 - Opposing H.R. 1534 and S. 1256 that would limit the Town's authority over local Land Use MattersRESOLUTION 1998 - 12
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
OPPOSING H.R. 1534 AND S. 1256 THAT WOULD LIMIT THE
TOWN'S AUTHORITY OVER LOCAL
LAND USE MATTERS
WHEREAS:
A. Currently, issues regarding local land use matters must, in the first instance, be
resolved before the Town Council, and if that fails, in state court, before related takings claims are
considered "ripe" for review in federal court. This allows the Town to retain control over local
land use matters while also providing adequate legal remedies in the event the Town Council
abuses its discretion.
B. House of Representatives Bill (H.R.) 1534, introduced by Congressman Elton
Gallegly, and Senate Bill (S.) 1256, introduced by Senator Orrin Hatch, represent attempts by the
federal government to usurp local land use authority. They would do so by reversing the current
judicial standard in order to permit potential takings cases to go directly to federal court if a
project has been locally denied twice.
C. If enacted, these bills would interfere with less litigious approaches to what are
essentially local issues, and would encourage more litigation against the Town.
D. These bills are opposed by the National League of Cities, the United States
Conference of Mayors, the attorneys general of more than 40 states (including California), the
National Conference of State Legislatures, the United States Judicial Conference, and others.
RESOLVED:
That the Town Council opposes H.R. 1534 and S. 1256.
2. That the Mayor is hereby authorized to contact Senators Boxer and Feinstein and
Congressman Campbell in order to state the Town's opposition to H.R. 1534 and S. 1256.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the 2nd day of February, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
6�, t Cam'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS((�.�
TOS
LOS GATOS, CALIFORNIA
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