Lawrence v. City of Concord

DRAPER, J.

Plaintiffs brought this action to recover money paid under protest to the city of Concord, and for a declaration that the contract under which the payment was demanded is void. In 1953, the three corporate defendants, referred to in the contract as “Developers,” proposed to subdivide an area within defendant city. On September 25, 1953, they entered into a written contract with defendant city and defendant county of Contra Costa. This contract recites that waters from the proposed subdivision, as well as from other lands both within and without defendant city, flow into a natural drainage channel or ditch. It was desirable to enlarge and improve this channel to accommodate increased runoff which would result from the then proposed subdivision, as well as from other developments expected within the drainage area during the next 10 years. After these recitals, the agreement provides that the corporate defendants shall build drainage structures the cost of which is stated to be $67,600, including $2,000 attorneys’ fees and $3,600 engineering fees. It was agreed that only one-third of this amount “is a proper allocation against the Developers for their proportion of the cost of construction of said drainage facilities,” and that the remaining two-thirds, $45,100, “is a proper charge and allocation” against the remaining lands in the total drainage area determined by the contract to be benefited. Defendants county and city did not obligate themselves to pay this sum of $45,100 to defendant developers. They did, however, agree to collect from each later subdivider of lands in the area, as a condition to approval of subdivision maps, a fee of $75 for each acre subdivided, and to pay such collections to defendant developers for 10 years or until the payments totalled $45,100.

On October 4, 1954, plaintiffs submitted to the council of defendant city a subdivision map covering property in the drainage area defined in the contract just described. It complied with all requirements of the municipal code and of the state Subdivision Map Act, and had been approved by the city planning commission. The council refused to approve

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the map, solely upon the ground that plaintiffs had not paid the fee of $75 per acre required by the 1953 contract. Plaintiffs paid $1,869.08 under protest, and the city agreed to hold the money subject to final determination of its right thereto. The map was then approved and plaintiffs brought this action. Judgment was entered in favor of plaintiffs, and defendants appeal.