RECENT CALIFORNIA DECISIONS

October 2007

To read this entire item of approximately 2200 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

First District Finds City Did Not Abuse Discretion by Finding Project Consistent with Applicable Plans or by Awarding Density Bonus Beyond that Required by Law
Friends of Lagoon Valley v. City of Vacaville, ___Cal.App.4th___

On August 28, 2007, the First District Court of Appeal affirmed the trial court’s denial of a petition for a writ of mandate challenging the approval by the City of Vacaville and the Vacaville City Council (collectively, city) of a project to develop a portion of Vacaville known as the Lower Lagoon Valley. The court held the city did not abuse its discretion in approving the project and did not violate the law by awarding the developer a density bonus beyond that required by law. The court also found the cost award to respondents was within the trial court’s discretion.