December 28, 2010

Temporary Supreme Court refuses to lift stay of state buildings sale

We noted yesterday that the only apparent remaining hope for completing this year the sale to private investors of numerous state buildings rested with seven temporary justices of the California Supreme Court who were appointed to decide Governor Schwarzenegger’s writ petition seeking to compel the Sixth District Court of Appeal to lift its stay of the sale.

This afternoon, the Supreme Court summarily denied the writ petition and the request for immediate relief from the stay. Because the Court of Appeal yesterday scheduled oral argument for late next month in the case challenging the sale and continued its stay in effect, the sale seems dead for this year. The Governor has expressed the fear that a delay until next year, when a new governor takes office, could be fatal to the sale.

2 Responses to “Temporary Supreme Court refuses to lift stay of state buildings sale”

  1. What do you think the Supreme Court will eventually rule on the matter? Do you think this is just for the time being?

  2. I really have no idea how the (temporary) Supreme Court would rule on the merits of the buildings-sale case. It raises some interesting separation-of-powers issues, at least concerning the buildings that house the Supreme Court and Courts of Appeal.

    However, there’s a good chance we’ll never know the Supreme Court’s views. The new governor might well withdraw the sale, which would make the court case moot. Or, even if the Sixth District Court of Appeal decides the case after oral argument later this month, the Supreme Court could decide not to hear the case.

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