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Friends of Aviara v. City of Carlsbad, D060167

In a nonprofit group's suit challenging a city's adoption of a revision to the housing element of its general plan to provide low cost housing, the trial court's judgment is affirmed where: 1) the trial court acted properly in requiring that the city adopt the timeline required by Government Code section 65583(c), which expressly contemplates that in meeting its housing obligations a municipality will need to alter existing land use regulations, including existing limitations in other elements of an adopted general plan; and 2) the inclusion in the revision of a housing element of proposed changes to other land use regulations in a general plan was expressly contemplated by the Legislature and permitted on the condition the municipality sets forth a timeline for adoption of such proposed changes.

Appellate Information

  • Decided 11/01/2012
  • Published 11/01/2012

Judges

  • Benke

Court

  • California Court of Appeal

Counsel

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