Mitracos v. City of Tracy CA3
Defendant City of Tracy and real party in interest Surland Communities, LLC (Surland) jointly appeal from the judgment on plaintiff Mary Mitracos’ petition for writ of mandate ordering the city to vacate and set aside the adoption and approval of the “Second Amendment to Amended and Restated Development Agreement” between the city and Surland (hereafter the Second Amendment).
The city and Surland contend that the judgment should be reversed, because (1) the trial court wrongly found that sections 1.07(b)(ii) and 1.07(h) of the Second Amendment, allowing property to be added to the city’s development agreement with Surland, violated Government Code sections 65865, subdivision (a), and 65865.2; and (2) the court should have severed sections 1.07(b)(ii) and 1.07(h), rather than invalidating the entire Second Amendment.
We will remand to the trial court to determine the amount of attorney fees Mitracos reasonably incurred defending against this appeal.
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