City of Tracy v. Cohen
Annotate this CaseThe City of Tracy brought this action as the successor agency to its former redevelopment agency (and also in its own right) against Michael Cohen as director of the Department of Finance (the Department) to challenge administrative determinations that invalidated the transfer of funds from the former redevelopment agency (before its dissolution) to the City because this action was pursuant to a 2011 sponsor agreement, and that directed return of a portion of the funds (constituting bond proceeds) to the successor agency and another portion (constituting former tax increment) to the Auditor-Controller of San Joaquin County (Auditor-Controller), the administrator of the trust fund for former tax increment, to distribute to the taxing entities. The trial court granted judgment in favor of defendants (Cohen and the Department). The City appealed. Of all the arguments the City made in support of its appeal, the Court of Appeal agreed only that a portion of the payments made to the City reflected goods or services that the City provided to the redevelopment project that the successor agency was overseeing. The Court rejected all other claims and affirmed the trial court's judgment as modified.
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