Olson v. Hornbrook Community Services Dist.

These appeals arose from five dismissals entered against plaintiffs Roger Gifford and Kimberly Olson on their separately initiated litigation under the Ralph M. Brown Act (the Act) against the Hornbrook Community Services District (the District) and the resulting costs and attorney fee awards to the District. They contended the District’s Board of Directors violated the Act by failing to adequately describe several items it acted on over the course of three District meetings and for unreasonably limiting public comment. Plaintiffs sought to invalidate the Board’s resulting actions pursuant to Government Code section 54960.1, and also to obtain a declaration to determine the applicability of the Act to the Board’s actions pursuant to section 54960. The District contended that because it substantially complied with the Act, plaintiffs were barred from relief. The Court of Appeal agreed with this standard but only for causes of action under section 54960.1 and not for those under section 54960. On the merits of plaintiffs’ claims, the Court agreed the court erred in dismissing all but one of their complaints. Furthermore, the Court agreed the court erred in awarding costs and attorney fees to the District in all cases. View "Olson v. Hornbrook Community Services Dist." on Justia Law