WVBR Obtains Summary Judgment for Developer

On December 10, 2019, United States District Judge John A. Mendez of the Eastern District of California granted summary judgment in favor of WVBR’s client in the matter of Myrtle Street Flats LLC, v. City of Vallejo (Case 2:17-cv-01662).

Myrtle Street is a regional developer with a focus on the important work of historic preservation in the Bay Area, but had suffered from a longstanding campaign of harassment in connection with its efforts to revitalize and improve a century-old block of downtown Vallejo. Judge Mendez’s order largely rejected Vallejo’s justifications for its conduct and confirms that “once a developer procures a valid building permit or its functional equivalent and expends a considerable sum of money in reliance on it, he may acquire a vested right, which protects him against shifting governmental regulation.”

WVBR, led by Frank Busch, has now successfully proved the existence of this critical protection and resolved that dispute without trial. WVBR has extensive experience representing developers–and others–in litigation arising out of government misconduct and overreach. Contact us if you require assistance in similar matters.

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