Firm News
Significant Cases
| Thomas E. Maciejewski | |
| Title: | Associate |
| (562) 216-4457 | |
| TMaciejewski@michellawyers.com | |
REV 973 LLC v. Mouren-Laurens,et al.
Complex cost recovery action under CERCLA involving multiple parties, cross actions, and PRPs. All corporate officers were exonerated early in the proceedings.
City of Los Angeles, Inc. v. San Pedro Boat Works
San Pedro Boat Works, Inc. operated a marine ship repair and maintenance facility within the Port of Los Angeles for more than 70 years in the City of San Pedro. Business operations were run by various owners and operators, who used different material and techniques. The City of Los Angeles filed this CERCA action seeking damages, injunctive relief and the recovery of costs incurred in connection with the alleged release of hazardous substances.
Trump National Golf Club v. City of Rancho Palos Verdes
Represented the golf club in a dispute with the City over the installation and display of a large United States flag on its property. Successfully argued that denial of the club’s Conditional Use Permit request was preempted by Government Code section 434.5, which provides that a government agency may not regulate the display of a United States flag based on aesthetic considerations. Faced with these claims, the City compromised. The flag continues to fly over the property and has become a landmark. The case received significant media attention:
Trump Gets OK for Illegal Flagpole The Washington Post (September 21, 2006)
Trump Gets Approval for Illegal SoCal Gold Course Flagpole The Associated Press (September 21, 2006)
Stern Agency Meets Unflappable Mogul Los Angeles Times (February 7, 2008)
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).
Friends of Colorado Lagoon (FOCL) v. County of Los Angeles
In this CEQA action, FOCL sought a writ of mandate to set aside the Los Angeles County Board of Supervisors’ Mitigated Negative Declaration concerning the environmental impacts of the proposed Termino Avenue Drain Project. The project would triple the storm water drainage into the Colorado Lagoon and nearby water bodies in Long Beach. Prevailed at trial and established that the approval of the Mitigated Negative Declaration was in violation CEQA, and an Environmental Impact Report was required.
South Gate Rod & Gun Club
South Gate Rod & Gun Club, Inc. operated a trap and skeet range on a city owned parcel over a landfiill at the confluence of the Los Angeles and Rio Hondo Rivers in the City of Signal Hill. Lead shot accumulated over the course of several decades and the City cancelled the Club’s lease and then filed suit against the Club under CERCLA for range clean up. Obtained insurance coverage for club and negotiated an acceptable settlement.
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)
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)
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