California Court of Appeal

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Covarrubias v. Cohen, 078237

In a suit against the Director of the Department of Finance to compel the Department to approve the City's continued payments of set-asides from 'tax increment' -- the increase above the tax base level attributed to redevelopment -- to the fund for subsidized housing in the City's redevelopment project area that was previously mandated under redevelopment law, Health & Saf. Code sections 33334.2(a), 33334.3(a), 33334.6(c) and 33670, the trial court's judgment in favor of defendants is affirmed where: 1) the strictly statutory obligation to make set-asides accrued on an annual basis and accordingly expired when the Great Dissolution took place; and 2) the set-asides therefore were no longer enforceable obligations of the redevelopment agency.

Appellate Information

  • Decided
  • Published 2016/10/07


  • BUTZ


  • California Court of Appeal