Kelber v. City of Upland

These are actions to recover a refund of certain subdivision fees required of the plaintiffs by the defendant city as a condition for its approval of final subdivision maps. The defendant city is a city of the sixth class and the other defendants are the city manager and members of the city council. The actions, consolidated at the trial and on appeal, involve similar facts and identical principles of law.

These appeals involve the validity of two amendments to the city’s subdivision control ordinance. One of these, adopted in May, 1952, provides as follows:

“That at the time of the approval of…