Hirsch

This is an appeal from a summary judgment granted in favor of defendant City of Mountain View and against plaintiffs Robert Hirsch and Central Park Apartments and from the judgment entered in favor of defendant.

The complaint alleges that Hirsch is a general partner in the partnership known as Central Park Apartments; that he is the owner of real property commonly known as 90 Sierra Vista Avenue, Mountain View; that said property consists of six contiguous parcels; that in January of 1972 Hirsch filed a planned community application seeking permission to utilize the six parcels as a single parcel for the development of a senior citizens apartment house complex and submitted a proposed minor subdivision map as required by defendant city’s planning commission; that defendant, as a condition of approval of the application and the minor subdivision map, required that plaintiffs pay a park and recreation fee to defendant; that plaintiffs protested the imposition of the fee requirement and duly appealed the same to defendant’s city council; that their appeal was denied; and that on October 5, 1972, plaintiffs paid $30,338.81 to defendant as a park and recreation fee. The…