Developer Achieves Complete Victory in SB 35 Decision for New Mixed-Use Development in Berkeley
By EsqSocial Corporation 29/04/21
In Ruegg & Ellsworth v. City of Berkeley, __ Cal.App.5th __ (2021) (Case No. A159218), the first published appellate decision addressing Senate Bill 35, the First District Court of Appeal reversed a trial court decision in favor of the City of Berkeley regarding a project with apartments over retail filed under the provisions of Senate Bill 35. The Court of Appeal rejected all of the City’s arguments, reversed the trial court in all respects, including its use of a deferential standard of...
By: Miller Starr Regalia