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Significant Cases
| Glenn S. McRoberts | |
| Position: | Of Counsel |
| (562) 216-4444 | |
| GMcRoberts@michellawyers.com | |
Association for a Cleaner Environment v. Yosemite Community College District
ACE petitioned for a writ of mandate to force YCCD to comply with CEQA in closing an on-campus shooting range facility and moving its operations to an off-campus range facility adjacent to a wetlands area. The Petition was denied. ACE appealed. The appellate court ruled in favor of ACE on all issues in a published opinion. (116 Cal.App.4th 629 (2004).) ACE then successfully moved to enforce the judgment requiring YCCD to comply with CEQA. YCCD settled.
Kay v. City of Rancho Palos Verdes
Represented homeowner in dispute with City over the use of a pre-existing, five-mast antenna array on homeowner’s residential property for commerical purposes. In a published decision, the Court ruled that the Telecommunications Act of 1996 prohibited the City from regulating commercial broadcasting on the antennas. (504 F.3d 803 (9th Cir. 2007).
McDonald v. City of Chicago
Authored friend of the court amicus brief in United States Supreme Court for 34 California elected District Attorneys and other law enforcement and groups. Case resulted in the Second Amendment being “incorporated” to limit state and local government infringment. The case received significant media coverage.
Fiscal v. City and County of San Francisco
Suit to invalidate “Prop H,” a ballot initiative that banned civilian residents of San Francisco from possessing handguns, and also banned the sale, transfer, and/or distribution of all firearms and ammunition within the city. In June 2006, the Superior Court invalidated the ordinance on preemption grounds. The City appealed and lost in a published opinion (158 Cal.App.4th 895 (2008)) which clarified California’s preemption doctrine as applied to local firearms regulations and serves as current precedent on the subject. The City paid back $380,000 to NRA in attormey’s fees. This victory received significant media coverage and made international news. The Firm thanks all those who participated in and supported this victory.
State High Court Shoots Down S.F. Handgun Ban, SFGate.com (April 10, 2008)
Municipalities Can’t Ban People from Owning Handguns, Court Rules, SFGate.com (January 10, 2008)
Judge Invalidates Prop H Handgun Ban, Ruling Says Measure Intrudes on Area Regulated by State, SFGate.com (June 13, 2006)
In re Firearm Cases
Represented multiple firearm industry defendants in three coordinated actions brought by dozens of California cities and counties. Plaintiffs alleged that the defendants market, distribute, and design handguns in a way that facilitates their use by criminals. The trial court granted an omnibus motion for summary judgment against the cities, finding no connection between any practice of the defendants and the harm caused by illegal misuse of guns by criminals, and that there was no violation of the Unfair Business Practices law nor public nuisance created. The Court of Appeal affirmed (126 Cal.App. 4th 959 (2005)). The case received significant media coverage.
Patel v. Govin
Represented plaintiffs who sought compensation for the brutal murders of four of their relatives murdered by defendants. The murders arose out of a a dispute over an easement/right-of-way adjacent to plaintiffs and defendants separate properties. Plaintiffs were awarded damages in the amount of $148 million dollars. Los Angeles County Superior Court No. BC288577 (Cal. Sup. Ct. 2006)
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