Court: |
CA Supreme Court |
|
Facts: |
You can't convert a residential hotel hotel to tourist
without a permit. To get the permit, you need to
pay an in lieu fee or preserve some residential
units. San Remo paid $567K in fees. |
|
Posture: |
Suit saying the fees should be subject to Nollen/Dolan
review because they are discretionary. |
|
Issue: |
Do these merit the nexus and rough proportionality test? |
|
Holding: |
Not really. |
|
Rule: |
Taking money is different from real property. |
|
Reasoning: |
There actually is a reasonable nexus here (to loss of housing), and
these fees are related. All regulation burdens us, but we
benefit from it greatly, also. |
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Dicta: |
Dissent: property must be secured, or liberty can not exist. |