San Remo Hotel v. San Francisco

2002

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.

Dicta: Dissent: property must be secured, or liberty can not exist.