August 2, 2011

No challenge to Supreme Court jurisdiction in redevelopment case

We noted that a writ petition filed in the Supreme Court to challenge statutes eliminating redevelopment agencies could face a jurisdictional hurdle — the legislation itself specifies that actions contesting the legislation’s validity can be brought only in Sacramento Superior Court.

In its preliminary opposition (filed last week at the Supreme Court’s direction), the State does not raise the jurisdictional issue. Instead, although defending the new redevelopment law on the merits, the State “agrees that the issues presented are of sufficient importance to warrant resolution by th[e] Court in the first instance, preferably on an expedited basis.” Also, the State and the petitioners yesterday filed a stipulated proposed briefing schedule.

The Supreme Court has not yet decided whether to hear the petition, although it will likely do so soon. If it does hear the case, the court might address the jurisdictional issue despite the parties’ apparent agreement that the Legislature has not precluded (or cannot preclude) the court from acting in this matter.

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