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ASSOCIATED HOME BUILDERS ETC. v. CITY OF WALNUT CREEK

Docket No. S.F. 22787.

4 Cal.3d 633 (1971)

484 P.2d 606

94 Cal. Rptr. 630

ASSOCIATED HOME BUILDERS OF THE GREATER EAST BAY, INCORPORATED, Plaintiff and Appellant, v. CITY OF WALNUT CREEK et al., Defendants and Respondents.

Supreme Court of California. In Bank.

April 26, 1971.

Attorney(s) appearing for the Case

COUNSEL

Ring, Turner & Ring and Harold H. Turner for Plaintiff and Appellant.

Daniel J. Curtin, Jr., City Attorney, for Defendants and Respondents.

Evelle J. Younger, Attorney General, Sanford N. Gruskin, Assistant Attorney General, Denis D. Smaage, Deputy Attorney General, William A. Hirst, City Attorney (Pleasanton), John A. Lewis, City Attorney (Livermore), Miller, Groezinger, Pettit & Evers and Robert A. Thompson as Amici Curiae on behalf of Defendants and Respondents.

OPINION

MOSK, J.

Section 11546 of the Business and Professions Code authorizes the governing body of a city or county to require that a subdivider must, as a condition to the approval of a subdivision map, dedicate land or pay fees in lieu thereof for park or recreational purposes. In this class action for declaratory and injunctive relief, Associated Home Builders of the Greater East Bay, Incorporated (hereinafter called Associated...

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