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Meyers Nave Successfully Defends Affordable Housing Regulations and Endangered Species Protections

Oakland, CA – Meyers Nave has successfully defended a lawsuit against the City of Cotati brought by the Pacific Legal Foundation (“PLF”) on behalf of a private landowner, Michael Mead.

The lawsuit alleged numerous Constitutional violations and sought to set aside two conditions imposed on the approval of a subdivision in Cotati: (1) compliance with the City’s inclusionary housing ordinance and (2) compliance with mitigation guidelines issued by the United States Fish and Wildlife Service and the California Department of Fish and Game for the protection of the endangered California Tiger Salamander. Specifically, Mr. Mead and the PLF argued that Cotati developers generally, and Mr. Mead specifically, should not be required to bear the burden of providing affordable housing in the City. The plaintiff also argued that he should not have to mitigate impacts to the California Tiger Salamander related to his development project.

Meyers Nave’s attorney Julia Bond represented the City of Cotati. They convinced the court that the plaintiff had not stated a viable claim for either a taking, substantive due process, or equal protection under controlling law. After full consideration of the papers filed by all parties, as well as the lengthy discussion of the issues and legal principles at oral argument, the Court issued a 29-page opinion explaining in detail why the plaintiff’s lawsuit failed to state a valid claim and granting the City’s motion to dismiss the lawsuit. This case was highly publicized by PLF on their Website and in various newspapers as their latest effort in a nationwide attack on affordable housing regulations.

About Meyers Nave

Founded in 1986, Meyers Nave is recognized for its work with all types of public entities in California and provides the full scope of legal services to cities, counties, redevelopment agencies and special districts statewide. Meyers Nave’s areas of practice include labor/employment; torts; redevelopment; city attorney/general counsel representations; eminent domain; litigation; writs and appeals; public contracts and land use; and environmental law.