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108 HOLDINGS, LTD. v. CITY OF ROHNERT PARK

No. A108629.

38 Cal.Rptr.3d 589 (2006)

136 Cal.App.4th 186

108 HOLDINGS, LTD. et al., Plaintiffs and Appellants, v. CITY OF ROHNERT PARK et al., Defendants and Respondents; South County Resource Preservation Committee et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Five.

January 31, 2006.

Attorney(s) appearing for the Case

Philip F. Atkins-Pattenson, Elizabeth McDaniel, Kristen A. Jensen, Sheppard, Mullin, Richter & Hampton, Josef D. Cooper, Tracy R. Kirkham, Cooper & Kirkham, Counsel for Plaintiffs and Appellants.

Michelle Marchetta Kenyon, Benjamin L. Stock, McDonough Holland & Allen, Counsel for Defendants and Respondents.

Susan Brandt-Hawley, Paige J. Swartley, Brandt-Hawley Law Group, Glen Ellen, for Real Parties in Interest.

STEVENS, J.

In this appeal, we must determine whether the City of Rohnert Park unlawfully surrendered its police power and improperly amended its General Plan by entering into a Settlement Agreement and Stipulated Judgment to resolve litigation brought against it. 108 Holdings, Ltd. and S.C. Forty Acres, Inc., appeal from a judgment dismissing an action seeking declaratory and injunctive relief and a writ of mandate...

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