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Toussaint Bailey

Shareholder | San Francisco

Overview

Toussaint specializes in complex civil litigation on behalf of municipalities and other public agencies.  Clients value his ability to distill complicated issues into terms that make sense both legally and practically. Toussaint has experience litigating a wide range of public law issues throughout California’s state and federal court systems, including all aspects of land use and planning, and cases involving constitutional law, fair housing, public works, and environmental law.

Work for Clients

Examples of Toussaint’s recent representative cases include:

  • Cody v. City of Albany. Represented City of Albany in federal court defeating a lawsuit seeking issuance of injunctive relief that threatened to prevent the city from implementing its Waterfront Park Transition Plan.
  • Richardson Bay Sanitation District v. City of Mill Valley. Represented City of Mill Valley as a defendant against a $2.9 million contractual indemnity payment.  Plaintiff sought indemnity under a joint powers authority agreement to which both plaintiff and defendant were parties.  Judgment awarded nothing to the plaintiff and costs to the city.
  • New Cingular Wireless PCS LLC (AT&T Mobility) v. City of Albany. Represented City of Albany in a federal lawsuit filed under Section 332(c)(7)(B) of the Telecommunications Act of 1996 in which AT&T sought reversal of City Council’s denial for permit to erect wireless communication tower.  Facilitated resolution whereby AT&T ultimately modified its application in accordance with city requirements resulting in dismissal of the case.
  • Santa Clara County v. Atlantic Richfield Oil Co. Represented County of Santa Clara in opposition to an attempt by Sherwin Williams Company to obtain confidential Section 8 property addresses from the Counties of Santa Clara and Alameda, as well as the Housing Authority of the Cities of Compton, Los Angeles, Norwalk, and Santa Monica.
  • First 5 LA v. Brown. Successfully litigated a petition for writ of mandate on behalf of First 5 LA that invalidated A.B. 99 (2011), a budget trailer bill through which the State of California sought to unconstitutionally seize $450 million in funding that taxpayers had previously allocated to First 5 LA.

Honors & Awards

League of California Cities Helen Putnam Award for Excellence in Housing Programs & Innovations (member of the City of Fairfield team awarded in 2016 for the Neighborhood Revitalization at Parkway Gardens)

UCLA Journal of Environmental Law and Policy, Editorial Board

Professional and Community Affiliations

Board of Directors for the Marin County Bar Association

Alumni Board of Directors for Saint Mary's College of California

Bar Association of San Francisco

courts

California

U.S. Court of Appeals for the Ninth Circuit

U.S. District Courts for the Northern, Central, and Eastern Districts of California

News

Presentations

  • Event // Zoning, Land Use and Fair Housing Issues, California State Bar Real Property Law Section Retreat
    05.2016
  • Event // Writs of Mandate in the California Superior Court and Court of Appeal, Bar Association of San Francisco, San Francisco, CA
    11.2015
  • Event // Eleventh Annual Federal Court Boot Camp Conference, San Francisco, CA
    05.2015
  • Event // Administrative Writs of Mandamus Seminar, Pincus Professional Education, Sacramento, CA
    11.2014
  • Event // Regulating Homeless Encampments in the Bay Area: Pitfalls and Solutions, Contra Costa County City Attorney’s Association, Walnut Creek, CA
    02.2014

Publications

  • Local Government Strategies for Addressing Homelessness: Avoid Litigation and Do Some Good
    05.2016
    League of California Cities City Attorney’s Department Spring Conference, Newport Beach, CA
  • California Administrative Hearing Practice
    2015
    Continuing Education of the Bar
  • Responding to Federal Fair Housing Investigations: When the DOJ Comes Calling
    09.2014
    League of California Cities Annual Conference, Los Angeles, CA

Education

J.D., University of California, Los Angeles, School of Law

B.S.E., Saint Mary's College

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Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of public entities. Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula and the Central Coast, our dedicated team of experts provides the full scope of public law services.

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RWG consistently monitors developments that impact our private and public agency clients. Our frequent e-alerts serve to provide our unique insights into these developments.

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