Legal Opinion

County of Orange v. BARRATT AMERICAN, INC.

California Court of Appeal

Decided April 30, 2007No. G035627PublishedCited by 17 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

INTRODUCTION

The Mitigation Fee Act (Gov. Code, § 66000 et seq.) 1 governs fees charged by local agencies for development projects, water or sewer connections, and zoning and building permits, and provides remedies when the' fees are excessive. Such fees cannot exceed the “estimated reasonable cost of providing the service for which the fee is charged,” unless the excessive fee is approved by a two-thirds vote of the electorate. (§ 66014, subd. (a).) If an excessive fee is not so approved, and “the fees or service charges create revenues in excess of actual cost, those…

2Cases cited9 opinions

  1. Serrano v. PriestCalifornia Supreme Court · 1977
  2. Fladeboe v. American Isuzu Motors Inc.California Court of Appeal · 2007
  3. Bickel v. City of PiedmontCalifornia Supreme Court · 1997
  4. Hicks v. Bd. of Supervisors of Orange Cty.California Court of Appeal · 1977
  5. Barratt American, Inc. v. City of Rancho CucamongaCalifornia Supreme Court · 2005

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3Cited by17 opinions

  1. Laabs v. City of VictorvilleCalifornia Court of Appeal · 2008
  2. San Francisco Tomorrow v. City & County of San FranciscoCalifornia Court of Appeal · 2014
  3. Kington v. FongCalifornia Court of Appeal · 2011
  4. People Ex Rel. Totten v. CHIQUESCalifornia Court of Appeal · 2007
  5. Cates v. ChiangCalifornia Court of Appeal · 2013

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