California Court of Appeal

Writ compelling defendant city to allow a private open space credit against the park fees exacted from plaintiff developer is reversed in the absence of a local ordinance providing for such a credit. Moreover, Government Code section 66477 does not create the direct right to receive a private open space credit that is enforceable by a traditional writ of mandate.

Appellate Information

• Decided 04/19/2006
• Published 04/19/2006

Judges

• ELIA, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John G. Barisone, Santa Cruz and Jeffrey E. Barnes, San Francisco and Atchison, Barisone, Condotti & Kovacevich, Santa Cruz, for Appellant.


• For Appellees:
  
• Edward L. Chun and Bosso, Williams, Santa Cruz, for Respondent.