Norsco Enterprises v. City of Fremont

—This appeal concerns the validity of certain “in lieu fees” levied upon plaintiff Norsco Enterprises or its affiliate Norsco, Inc. (hereafter “Norsco”) by the City of Fremont (hereafter sometimes “City”), under the ostensible authority of Business and Professions Code section 11546 (hereafter “section 11546”). That statute provided, subject to certain conditions, that: “The governing body of a city or county may by ordinance require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a final subdivision map,. .

The case was tried on stipulated facts.

In 1968, appropriate authorities of the City of Fremont approved the construction of an apartment complex of 124 rental units and related facilities. At the time the City had not enacted an ordinance such as was permitted by section 11546. Prior to 1972 the structures were completed, and thereafter Norsco became their owner. Around April of 1972 Norsco filed with the City an application for a use permit and for approval of a tentative subdivision map for conversion of the 124 apartment units into condominium forms of…