Torres

FONTANA REDEVELOPMENT AGENCY v. Torres

Good Law
153 Cal. App. 4th 902·2007 Cal. App. LEXIS 1232·62 Cal. Rptr. 3d 875
Court of Appeal of CaliforniaJuly 26, 2007E038366California4,369 words

Opinion

Opinion

Gaut, J.

1. Introduction

The present appeal concerns the Fontana Redevelopment Agency (Fontana RDA) and the implementation of its redevelopment plan, particularly as it affects its statutory obligation to increase the supply of affordable housing as part of redevelopment. (§ 33071; Lancaster Redevelopment Agency v. Dibley (1993) 20 Cal.App.4th 1656, 1658-1659 [ 25 Cal.Rptr.2d 593 ] (Lancaster).) Ten-Ninety, Ltd., a California limited partnership, the real estate developer of Fontana’s Jurupa Hills Redevelopment Project and a real party in interest, has joined with Fontana RDA.

The interested-party defendants are Jeanette Torres, a low-income resident of Fontana, and Librería del Pueblo, Inc., a nonprofit community organization advocating for increased affordable housing in Fontana.

In particular, defendants challenge the validation action filed by Fontana RDA to validate a 2002 settlement agreement and a 2003 resolution to issue $40 million in tax allocation bonds. (Code Civ. Proc., § 860 et seq.; Gov. Code, § 53511; Health & Saf. Code, § 33501.) Defendants charge Fontana RDA has been paying most, if not all, of its redevelopment tax increment revenues to a developer,…

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