California Court of Appeal

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Bldg. Indus. Ass'n of Cent. California v. County of Stanislaus, F058826

In a suit by the Building Industry Association of Central California (BIA), challenging the facial validity of the County and the County Board of Supervisor's Farmland Mitigation Program (FMP), requiring that a developer dedicate permanent easements as a condition of obtaining development approvals or permits from the County, trial court's judgment in favor of BIA in finding that the FMP was invalid on several grounds is reversed where: 1) mitigating the future loss of farmland through conservation easements bears a reasonable relationship to the burden caused by residential development; and 2) section 815.3(b)'s provision that prohibits a local government entity from conditioning the issuance of land use approvals on the applicant's granting of conversation easements does not invalidate the FMP.

Appellate Information

  • Decided 11/29/2010
  • Published 11/29/2010

Judges

  • Levy

Court

  • California Court of Appeal

Counsel

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