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RUSS BLDG. PARTNERSHIP v. CITY & CTY. OF SAN FRANCISCO

Docket No. S000156.

44 Cal.3d 839 (1988)

750 P.2d 324

244 Cal. Rptr. 682

RUSS BUILDING PARTNERSHIP, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent. PACIFIC GATEWAY ASSOCIATES JOINT VENTURE, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent. CROCKER NATIONAL BANK et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

Supreme Court of California.

March 17, 1988.

Attorney(s) appearing for the Case

COUNSEL

Pillsbury, Madison & Sutro, Allan N. Littman, Robert M. Westberg, Kevin M. Fong, Debra B. Keil, Morrison & Foerster, James P. Bennett and Leigh R. Shields for Plaintiffs and Appellants.

Ronald Z. Zumbrun, Anthony T. Caso, Jonathan M. Coupal and Richard M. Stephens as Amici Curiae on behalf of Plaintiffs and Appellants.

Louise M. Renne, City Attorney, Burk E. Deleventhal, Deputy City Attorney, George E. Kruger, McMorris M. Dow, Howard, Rice, Nemerovski, Canady, Robertson & Falk, Jerome B. Falk, Jr., and Peter J. Busch for Defendant and Respondent.

OPINION

BROUSSARD, J.

In this case we are called upon to decide whether San Francisco's Transit Impact Development Fee (TIDF) ordinance may be applied to projects which, at the time of the enactment, were in the course of construction pursuant to building permits conditioned on the developers' participation "in a downtown assessment district, or similar fair and appropriate mechanism, to provide funds for maintaining and augmenting...

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