Facts

Small Property Owners of San Francisco Institute filed a petition for writ of mandate and complaint for declaratory relief against the City and County of San Francisco and various local government entities in relation to the enactment of San Francisco Ordinance Number 286-13.

PETITIONER'S CONTENTIONS: Petitioner alleged respondents failed to comply with the California Environmental Quality Act by claiming the Ordinance was exempt from the law and failed to conduct environmental review after the Ordinance was amended in 2013. Further, petitioner claimed the Ordinance violated due process rights of property owners and alleged the Ordinance's application to housing units subjected to the Ellis Act is preempted on its face by state law. Petitioner sought a writ of mandate prohibiting enforcement of the Ordinance and compelling completion of environmental review.

RESPONDENTS' CONTENTIONS: Respondents claimed the Ordinance encourages the production of affordable housing as required by the City's General Plan and state law, permitting the alteration of current residential housing that exceeded permitted density for their zoning district.

Result

The trial court denied petitioner's petition for writ. A California Court of Appeal, First District, reversed, finding for petitioner/appellant on the Ellis Act preemption claim. The parties thereafter settled petitioner's claim for attorney fees against San Francisco for $110,000.