California Court of Appeal

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Cuenca v. Cohen, 076814

In a case concerning the effects of the elimination of the tax increment and dissolution of the Santa Ana Redevelopment Agency on the five stipulated judgments that required the City to set aside various percentages of the tax increment for low- and moderate-income housing projects, in which plaintiffs sought a writ of mandate to overturn California Department of Finance (DOF)'s determination that approximately $30 million set aside under the stipulated judgments was unencumbered and must be remitted to the county auditor-controller, the trial court's judgment affirming DOF's determination (except for a $3.5 million loan pledged to Habitat for construction of 17 affordable houses) is affirmed where: 1) Habitat has standing to participate in this appeal, and this case is not moot; 2) the stipulated judgments meet the definition of enforceable obligations under the Dissolution Law; 3) DOF's determination that the Dissolution Law requires the turning over of unencumbered moneys to the county auditor-controller does not violate the contract clauses of the United States or California Constitutions; and 4) the Dissolution Law's requirement that unencumbered funds be remitted to the county auditor-controller does not violate Proposition 1A or Proposition 22.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/06

Judges

  • HOCH

Court

  • California Court of Appeal

Counsel


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