Writ of Mandate Proceedings
Leone & Alberts is experienced in representing municipalities in writ proceedings arising out of Legislative Acts and Administrative decisions. We have also handled matters involving other laws that impact a city’s development powers, such as the Zoning and Planning Law, CEQA, the Mitigation Fee Act, the Map Act and the Quimby Act. Writ proceedings often involve complex and unsettled issues of law. In such cases, we pride ourselves on researching the law in an efficient and thorough manner to develop arguments that are not only persuasive, but are legally and factually sound.
Recently, we successfully defended a Bay Area city against a challenge to its park & recreation development fee ordinance. The petitioner contended that the city’s park inventory used to calculate its dedication standard violated a subsection of the Quimby Act that has yet to be interpreted by the courts. While ultimately we defeated the petition for a writ of mandate on statute of limitation grounds, we also developed a well reasoned and persuasive argument interpreting the subsection of the Quimby Act at issue. In doing so, we provided the city with a reasonable and rational basis for moving forward with its park fee ordinance as enacted, and we are prepared to address this issue before the Court of Appeal if necessary.