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Validation Lawsuit Doesn't Always Immunize Plaintiff From Attack

In many situations, the settlement of a lawsuit is a flexible tool to resolve disagreements between parties and allow the participants to move on with their lives. A settlement with a public agency invokes slightly different considerations then a matter resolved exclusively through private parties. As previously noted in Trancas Property Owners Association v. City of Malibu (2006) 138 Cal.App.4th 172, a public agency cannot rely upon a settlement agreement to bypass a required land use approval step.

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