California Supreme Court

Sterling Park, L.p., Plaintiffs and Appellants v. City of Palo Alto, Defendant and Respondent

October 17, 201357 Cal. 4th 1193

Summary

The court held that the Mitigation Fee Act's protest and limitations provisions govern Sterling Park's challenge to Palo Alto's below-market-rate housing requirements. Although the requirements were not necessarily statutory fees, they constituted other exactions because they required monetary payments and imposed a purchase option affecting the developer's property interest. The court reversed and remanded without deciding the merits or whether the action was timely under the governing statute.