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108 Holdings, Ltd. v. Rohnert Park, City of

ELR Citation: 36 ELR 20031
Nos. No. A108629, (Cal. App. 1st Dist., 01/31/2006)

A court holds that a city did not unlawfully surrender its police power or improperly amend its general plan by entering into a settlement agreement to resolve environmental litigation brought against it. The case arose after the city council, in light of the settlement agreement, voted to approve an amendment to its general plan that would remove the plaintiff's property from the city's sphere of influence. Although a municipality may not contract away its legislative and governmental functions, nothing in the settlement agreement suggests that the city has given up its authority to alter or amend its general plan as future circumstances may dictate. The agreement does no more than set forth the manner in which the city will interpret certain provisions of its general plan.