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STERLING PARK, L.P. v. CITY OF PALO ALTO

No. S204771.

57 Cal.4th 1193 (2013)

163 Cal. Rptr. 3d 2

310 P.3d 925

STERLING PARK, L.P., et al., Plaintiffs and Appellants, v. CITY OF PALO ALTO, Defendant and Respondent.

Supreme Court of California.

October 17, 2013.

Attorney(s) appearing for the Case

Sheppard, Mullin, Richter & Hampton, Robert J. Stumpf, Jr. , James G. Higgins ; Rutan & Tucker, David P. Lanferman ; Rosen Bien Galvan & Grunfeld, Sanford Jay Rosen and Ernest J. Galvan for Plaintiffs and Appellants.

Molly S. Stump , City Attorney, Donald A. Larkin , Assistant City Attorney; Law Offices of Scott D. Pinsky, Scott D. Pinsky ; Goldfarb & Lipman, Juliet E. Cox and Barbara E. Kautz for Defendant and Respondent.

Dennis J. Herrera , City Attorney (San Francisco), Christine Van Aken , Chief of Appellate Litigation, and Kristen A. Jensen , Deputy City Attorney, for League of California Cities, California State Association of Countries and City and County of San Francisco as Amici Curiae on behalf of Defendant and Respondent.

OPINION

CHIN, J. —

A developer wanted to build 96 condominiums on a parcel of land. As a condition of obtaining a permit to do so, the city required the developer to set aside 10 condominium units as below market rate housing and make a substantial cash payment to a city fund. The developer proceeded with the construction but challenged in court these requirements pursuant to a statute that permits a developer to proceed with a project...

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