ORANGE COUNTY FOUNDATION v. IRVINE CO.

Docket No. 24992.

139 Cal.App.3d 195 (1983)

188 Cal. Rptr. 552

ORANGE COUNTY FOUNDATION FOR PRESERVATION OF PUBLIC PROPERTY et al., Plaintiffs and Appellants, v. IRVINE COMPANY et al., Defendants and Respondents; COUNTY OF ORANGE et al., Respondents.

Court of Appeals of California, Fourth District, Division One.

January 18, 1983.


Attorney(s) appearing for the Case

COUNSEL

Berry & Berry and Phillip S. Berry for Plaintiffs and Appellants.

George Deukmejian, Attorney General, N. Gregory Taylor, Assistant Attorney General, Peter H. Kaufman, Deputy Attorney General, Latham & Watkins, Joseph A. Wheelock, Jr., and Albert F. Shamash for Defendants and Respondents.

Adrian Kuyper, County Counsel, Arthur C. Wahlstedt, Assistant County Counsel, Terry C. Andrus, Deputy County Counsel, Michael H. Miller, City Attorney, and Robert H. Burnham, Assistant City Attorney, for Respondents.


OPINION

WORK, J.

In this case we hold public monies paid to compromise an invalid real property title claim, known to be baseless by the claimant, is not an expenditure for a public purpose, and constitutes a prohibited gift of public funds. Further, the constitutional bar to such "gifts" transcends the public policy favoring settlement of disputed claims, and permits the state to recoup such disbursements. Because we find the evidence...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases