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KAUFMAN & BROAD CENT. VALLEY, INC. v. CITY OF MODESTO

Docket No. F019464.

25 Cal.App.4th 1577 (1994)

KAUFMAN & BROAD CENTRAL VALLEY, INC., Plaintiff and Respondent, v. CITY OF MODESTO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 15, 1994.

Attorney(s) appearing for the Case

COUNSEL

Michael D. Milich, City Attorney, and Roland R. Stevens, Assistant City Attorney, for Defendant and Appellant.

Varni, Fraser, Hartwell, Lanferman & Rodgers, David P. Lanferman and Anthony B. Varni for Plaintiff and Respondent.

OPINION

BUCKLEY, J.

The City of Modesto (City) appeals from a judgment granting a petition for writ of mandate filed by Kaufman & Broad Central Valley, Inc. (Kaufman & Broad). The writ ordered the City to refund, with interest, development impact fees it had collected from Kaufman & Broad in excess of those in effect when Kaufman & Broad's vesting tentative subdivision map for its River Terrace subdivision was deemed...

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