Are there any federal decisions that support TKPOA's claim that the mitigation fee is unconstitutional?
California, United States of America
The following excerpt is from Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd., 23 Cal.App.4th 1459, 28 Cal.Rptr.2d 734 (Cal. App. 1994):
TKPOA asserts that the decision in Nollan v. California Coastal Comm'n, supra, 483 U.S. 825, 107 S.Ct. 3141, 97 L.Ed.2d 677 is dispositive and compels the conclusion that the mitigation fee involved here is unconstitutional. We disagree.
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