Hidden Valley Ranch v. City of Poway
In March 2005 defendant City of Poway (Poway) approved a resolution adopting a Reimbursement Agreement (RA) between Poway and Northpoint Development, Inc. The RA provided a mechanism to reimburse Northpoint for some of the costs of sewer improvements installed in connection with two subdivisions. The resolution found it was just and fair that the costs of the sewer system be borne by all who benefitted from the new sewer, including adjoining developers who in the future will use the sewer system in connection with development of their lands, and the RA therefore provided that Poway would assess adjoining developers for a share of the costs of the sewer improvements as a condition for development of their lands and would reimburse Northpoint as those assessments were collected.
On appeal, the Malones assert they met the standards for relief as specified in Maxwell, and there are numerous other grounds for relief requiring reversal of the judgment.
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