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GOLDEN STATE HOMEBUILDING ASSO. v. CITY OF MODESTO

Docket Nos. F019643, F019921.

26 Cal.App.4th 601 (1994)

31 Cal. Rptr.2d 572

GOLDEN STATE HOMEBUILDING ASSOCIATES et al., Plaintiffs and Appellants, v. CITY OF MODESTO et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

June 30, 1994.

Attorney(s) appearing for the Case

COUNSEL

Motschiedler, Michaelides & Wishon and C. William Brewer for Plaintiffs and Appellants.

Michael D. Milich, City Attorney, Laury L. Dowd and Roland R. Stevens, Deputy City Attorneys, Michael H. Krausnick, County Counsel, and E. Vernon Seeley, Assistant County Counsel, for Defendants and Appellants.

OPINION

BUCKLEY, J.

In deciding this case, we are compelled to interpret Government Code1 section 65961, which limits the power of a city or county to base its issuance of building (or equivalent) permits for a residential subdivision upon conditions it could have "lawfully imposed" on a previously approved tentative map. In particular, we are asked to decide whether section 65961 permits a city to condition...

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