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BARRATT AMERICAN, INC. v. CITY OF RANCHO CUCAMONGA

No. E032578.

135 Cal.Rptr.2d 85 (2003)

109 Cal.App.4th 709

BARRATT AMERICAN, INCORPORATED, Plaintiff and Appellant, v. CITY OF RANCHO CUCAMONGA, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

Review Granted October 1, 2003.

Attorney(s) appearing for the Case

Law Offices of Walter P. McNeill, Walter P. McNeill, Redding; Law Offices of Richard D. Gann and Richard D. Gann, San Diego, for Plaintiff and Appellant.

Richards, Watson & Gershon, James L. Markman, Brea, B. Tilden Kim, Los Angeles, and Juliet E. Cox, San Francisco, for Defendant and Respondent.

OPINION

GAUT, J.

1. Introduction

Barratt American, Incorporated is a real estate developer of residential subdivisions. Barratt contends the City of Rancho Cucamonga (City) overcharges for building permit and plan review fees. In May 2002, Barratt filed a petition for writ of mandate and complaint against the City, challenging the fees, seeking a refund of $143,000 for fees paid on a 123-unit subdivision, and challenging Resolution 02-023...

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