Temple of 1001 Buddhas v. City of Fremont

I. BACKGROUND AND PROCEDURAL HISTORY

1 A. Factual Background 2 This lawsuit concerns property located at 6800 Mill Creek Road in Fremont, 3 California. See FAC (dkt. 26) ¶ 14. The property consists of 29 acres and is zoned as 4 “open space” under the City’s laws. Id. ¶¶ 14, 21. It is situated on a hillside where the 5 slope of the land is 15% or higher, in a very high fire hazard area, and an earthquake- 6 induced landslide zone. See RJN, Ex I (dkt. 28-9), at 2.1 7 California’s Williamson Act provides that any city may “by contract limit the use of 8 agricultural land for the purpose of preserving such land pursuant and subject to the 9 conditions set forth in the contract” and elsewhere in the Act. Cal. Gov. Code § 51240. 10 Such a contract must exclude land “uses other than agricultural, and other than those 11 compatible with agricultural uses, for the duration of the contract.” Id. § 51243. After an 12 initial ten-year term, the contract renews annually unless either party serves a notice of 13 nonrenewal. Id. In 1978, pursuant to the Williamson Act, a predecessor-in-interest to the 14 property signed a “Land Conservation Contract” with the City. FAC ¶ 18. The…