Cherk v. County of Marin CA1/1
Dartmond Cherk and the Cherk Family Trust (the Cherks) appeal from the denial of their petition for writ of administrative mandate under Code of Civil Procedure section 1094.5. The Cherks challenge the validity of a $39,960 “in-lieu” fee imposed by the County of Marin (County) under its inclusionary housing program as a condition for subdividing their property. The Cherks contend that the fee is invalid under both the Mitigation Fee Act and the “unconstitutional conditions doctrine,” established by the United States Supreme Court in Nollan v. California Coastal Comm’n (1987) 483 U.S. 825 (Nollan) and Dolan v. City of Tigard (1994) 512 U.S. 374 (Dolan). We disagree. The fee falls outside the scope of the Act’s scrutiny of certain “exactions” because it serves broader purposes than simply mitigating the impact of the Cherks’ subdivision.
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