California Court of Appeal

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Branciforte Heights v. City of Santa Cruz, H028864

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.
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