Azusa Land Partners v. Department of Industrial Relations

Good Law
120 Cal. Rptr. 3d 27·191 Cal. App. 4th 1·2010 Cal. App. LEXIS 2135
Court of Appeal of CaliforniaDecember 21, 2010No. B218275California12,572 words

Opinion

Lead Opinion

Johnson, J.

Azusa Land Partners (ALP) appeals from a judgment denying its petition for writ of mandate. (Code Civ. Proc., § 1085.) ALP seeks to vacate a determination by respondent Department of Industrial Relations (Department) that a planned community project is a “public work,” as defined *10 by Labor Code section 1720, 1 and subject to prevailing wage laws applicable to public improvement work performed by private contractors as a condition of regulatory approval for their construction projects. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Factual background

Petitioner and appellant ALP is the owner and developer of a master planned community known as the “Rosedale Project” (Project). The Project is located on over 500 acres of land in the City of Azusa (City) previously owned by the Monrovia Nursery Company (Monrovia Nursery), ALP’s predecessor in interest. The Project involves the potential development of over 1,200 homes, about 50,000 square feet of commercial construction, and public infrastructure and improvement work. To obtain approval for the Project,' Monrovia Nursery agreed to conditions imposed by the City to perform certain public infrastructure and improvement…

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