Trancas Property Owners Ass'n v. City of Malibu

Good Law
138 Cal. App. 4th 172·2006 Cal. App. LEXIS 466·2006 Daily Journal DAR 3860·41 Cal. Rptr. 3d 200·2006 Cal. Daily Op. Serv. 2717
Court of Appeal of CaliforniaMarch 30, 2006B174674California5,639 words

Opinion

Opinion

Cooper, J.

Involved in litigation with developer Trancas-PCH, LLC (Trancas), over the validity of Trancas’s final subdivision maps, which it had disapproved, the City of Malibu (city) entered into a written agreement with Trancas to rescind the disapproval, eventually to approve one of the maps, and to exempt a downsized Trancas development from certain present or prospective zoning restrictions. In exchange, Trancas agreed to dedicate three-fourths of its acreage to the city, and to dismiss the pending lawsuit. The city council approved the agreement in a closed session.

We hold that the agreement, however well-intended, was invalid, because it impermissibly attempted to abrogate the city’s zoning authority and provisions. Addressing a further issue that could well recur, we also hold that adoption of the agreement in a closed council session violated the Ralph M. Brown Act, Government Code section 54950 et seq. (Brown Act), even though the agreement included a settlement of litigation. For both reasons, we reverse the judgment denying the petition of appellant Trancas Property Owners Association (Association) for a writ of mandate to set aside the agreement.

FACTS

Trancas owns…

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