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BARRATT AMERICAN INC. v. CITY OF ENCINITAS

No. D041162.

9 Cal.Rptr.3d 457 (2004)

BARRATT AMERICAN INC., Plaintiff and Appellant, v. CITY OF ENCINITAS, et al., Defendants and Respondents.

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

Rehearing Denied March 2, 2004.

Review Granted April 21, 2004.

Attorney(s) appearing for the Case

Law Office of Brent & Klein and Jason G. Brent, Tehachapt, for Plaintiff and Appellant.

Best, Best & Krieger, Jeffrey V. Dunn and Mark D. Servino, Irvine, for Defendants and Respondents.

McINTYRE, J.

Government Code section 66016, subdivision (b) (all undesignated section references are to this code) requires that a local government agency approve by ordinance or resolution any fee increase for building permits and other services, and section 66022, subdivision (a) requires that any challenge to a fee increase be commenced within 120 days of the effective date of the legislation or the effective date of any automatic adjustment increase. In this case...

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