Calif. High Court Clarifies Scope Of Mitigation Fee Act

Law360, New York (October 30, 2013, 6:25 PM EDT) -- Recently, the California Supreme Court decided one of two pending cases dealing with inclusionary housing, holding that when a public agency requires a developer to convey units at below market rates and make substantial cash payments, the developer may challenge these conditions under the California Mitigation Fee Act. (Sterling Park v. City of Palo Alto (Oct. 17, 2013).)

The California Supreme Court's decision not only clarifies the scope of the Mitigation Fee Act, an issue that has been a cause of consternation for numerous practitioners and...
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