California Court of Appeal

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

• For Appellant:
  
• Matthew D. Zinn, David P. Lanferman