Facts

Winfield International Inc. filed a petition for writ of administrative mandate against the City and County of San Francisco in relation to a Notice of Penalty issued by respondent against Winfield.

PETITIONER'S CONTENTIONS: Winfield alleged respondent issued a Notice of Penalty for alleged violations of the Below Market Rate program administered by the Mayor's Office of Housing and Community Development. Winfield alleged it was wrongfully assessed a daily administrative penalty for non-compliance with inclusionary housing requirements, and claimed it was wrongfully denied the option to pay fees in-lieu of compliance pursuant to respondent's program. Winfield claimed the penalties issued totaled over $245,000, were issued without notice, and were retroactive.

RESPONDENT'S CONTENTIONS: Respondents claimed Winfield was not in compliance with BMR conditions, its claims are barred by the statute of limitations, and the parties previously litigated the same issues such that res judicata bars Winfield's claims. Respondents contended its penalties and notice were proper.

Result

The parties agreed to a settlement in which Winfield agreed to pay $500,000 to respondents.