108 HOLDINGS, LTD. v. City of Rohnert Park

In this appeal, we must determine whether the City of Rohnert Park unlawfully surrendered its police power and improperly amended its general plan by entering into a settlement agreement and stipulated judgment to resolve litigation brought against it. 108 Holdings, Ltd., and S.C. Forty Acres, Inc., appeal from a judgment dismissing an action seeking declaratory and injunctive relief and a writ of mandate against the City of Rohnert Park, the Rohnert Park City Council, and the Rohnert Park Planning Commission (collectively the City). Appellants sued the City after it entered into a settlement agreement and stipulated judgment with real parties in interest South County Resource Preservation Committee and John E. King (collectively SCRPC) resolving a lawsuit brought by SCRPC that challenged the City’s adoption of its general plan.

Appellants contended below, as they do in this court, that the settlement agreement and stipulated judgment unlawfully bargained away the City’s ability to exercise its police power in the future and improperly amended the City’s general plan. The superior court disagreed, and it sustained the City’s demurrer to appellants, cause of action for…