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Construction
Residential Construction
Construction Time Limit

425 Belvedere Associates, LLC, Jeff Paster v. City of Belvedere

Published: Jan. 26, 2013 | Result Date: Jan. 2, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CIV 1203563 Bench Decision –  Defense

Court

Marin Superior


Attorneys

Plaintiff

Ben I. Hamburg


Defendant

Robert F. Epstein
(Epstein Holtzapple LLP)


Facts

The City of Belvedere levied a $144,800 fine against a developer for exceeding the time limit to complete a waterfront estate. The city's required construction projects to be completed in two years. Although the city council reduced the fine by $40,800 due to water and geological challenges and other delays that the developer encountered, it refused to waive the remaining $104,000. The developer appealed the remaining fine in court.

Result

Marin County Superior Court Judge Roy Chernus ruled in favor of the City and upheld the $104,000 fine.


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