A Los Angeles attorney specializing in housing law says that unless the city of Fresno can overwhelmingly demonstrate a proposed luxury apartment complex violates city code, it will be hard-pressed to defeat the developer’s lawsuit. The Fresno City Council in July rejected developer James Huelskamp’s plan to build a 4-story luxury apartment complex in northwest Fresno. Neighbors of the project came out in force against the project, saying, among other things, it would bring too much traffic to the area.
Others, including Fresno County Sheriff John Zanoni, said the apartments could bring unwanted residents to the area near the school. After getting his project denied, Huelskamp sued the city, saying the council’s actions violated state housing laws. Related Story: “The ruling won’t favor the city,” Huelskamp predicted to GV Wire.
Attorney Ryan Patterson — who specializes in getting complicated housing projects approved — says the city is unlikely to win the lawsuit. Furthermore, a ruling against the city could cost Fresno taxpayers millions in penalties and attorney fees. The case could have wider implications as well.
Patterson isn’t affiliated with Huelskamp’s lawsuit over the project. Huelskamp’s attorneys argue that because the council reversed a decision made by city staff, the developer should have been notified in advance. Patterson said that makes the case unique, especially for builders who have to abide by strict deadlines.
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