July 2007

Abbott & Kindermann, LLP is pleased to announce the addition of a new senior associate, Glen Hansen. Mr. Hansen has over thirteen years experience in state and federal court litigation, including appeals. His practice areas include land use, real estate and commercial transactions, corporate and partnership dissolutions, elections, government and employment law. He adds significant new depth to the firm across a broad spectrum of land use, real estate, business and governmental litigation, and dispute resolution.

His litigation experience includes reported appellate cases concerning toxic substance contamination and land use law (Beck Development Co. v. Southern Pacific Transportation Co. (1996) 44 Cal.App.4th 1160); initiative measures (Costa v. Superior Court (2006) 37 Cal.4th 986 and Senate of the State of California v. Jones (1999) 21 Cal.4th 1142 ); and Strategic Litigation Against Public Participation (SLAPP) motions to dismiss (Miller v. Filter (2007) 150 Cal.App.4th 652 and Witte v. Kaufman (2006) 141 Cal.App.4th 1201) – all of which can come into play within land use, environmental and development litigation.

Mr. Hansen is admitted to practice before the state courts and U.S. District Courts in California, the U.S. Ninth Circuit Court of Appeals, and the U.S. Supreme Court. He serves as a Dispute Resolution Conference pro-tem judge for the El Dorado Superior Court. Glen graduated with distinction from McGeorge School of Law, University of the Pacific.

By Kate J. Hart and Brian Hoffman

On June 7, 2007, the California Supreme Court addressed head-on the issue of whether or not cities may use their planning and zoning powers to directly impact economic competition. The case is Adrian Hernandez v. City of Hanford (June 7, 2007) 2007 Cal.Lexis 5586. This case affirms the ability of cities to impact economic competition in a direct and intended manner because it allows just such an impact so long as the primary purpose of the zoning action is to achieve a valid public purpose and not simply to serve an impermissible anti-competitive private purpose.

Continue Reading Zoning, Business Competition and Public Purposes