Focus (Forum & Focus)
Jul. 11, 2007
Untangling Restrictions
Focus Column - By Cecily T. Talbert and Joshua Safran - Developers looking to fight back against government land-use restrictions should pay attention to a new ruling that determines how and when they may do so.
By Cecily T. Talbert and Joshua Safran
A California Court of Appeal recently shed light on the murky interface between the Subdivision Map Act and the Mitigation Fee Act in Fogarty v. City of Chico, 148 Cal.App.4th 537 (Cal. App. 3rd Dist. March 12, 2007), clarifying what is and what is not a governmental "exaction." In Fogarty, the 3rd District dismissed a suit brought under the Mitigation Fee Act ...
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