The Second District Court of Appeal rendered a potentially significant decision impacting private projects that obtain public funding for public infrastructure associated with the private project.

In the case of Azusa Land Partners v. Department of Industrial Relations, decided in late December, the Court, while coming to a not surprising conclusion given past determinations by the Department of Industrial Relations, established a significant judicial precedent. If upheld by the California Supreme Court, the opinion will affect developer’s decisions whether, and to what degree, it makes sense to request public funds to assist in the development of private projects.