[co-author: Jacob Basinger ]
In
Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project approval as an unconstitutional taking. More specifically, the Court found that El Dorado County’s Measure E, which was adopted in 2016 and amended the County of El Dorado general plan (General Plan) to require developers to fund traffic improvements
prior to the issuance of discretionary approvals needed to develop the remainder of the project, would require a development pay more than its fair share.
In an opinion filed on April 19, and certified for publication on May 4, 2021, the Third Appellate District in Alliance for Responsible Planning v. Taylor (County of El Dorado) held.
In 1994, the U.S. Supreme Court issued its decision in Dolan v. City of Tigard, 512 U.S. 374, holding that in order for a dedication or exaction to pass constitutional muster, in.
On May 4, 2021, in Alliance for Responsible Planning v. Taylor (County of El Dorado), Cal.App.5th (2021) (Case No. C085712), the Third District Court of Appeal affirmed a trial.