Two builder's remedy applications on Los Gatos Boulevard have been in dispute since 2023. The Arya, from Arya Properties LLC, would put 175 units in a mixed-use project on the Ace Hardware site at 15300 and 15330 Los Gatos Boulevard. The Luxe, from Los Gatos Boulevard Properties LLC, would put 120 units over commercial space at 14849 Los Gatos Boulevard in the North 40 area. Together they total 295 units, 59 of them affordable (35 at the Arya and 24 at the Luxe, per the Los Gatan), at heights of more than 116 feet and about 146 feet. The applicants, owned by Ali Moayed, filed preliminary applications in the second half of 2023, when the town had no compliant housing element; HCD certified it on July 10, 2024. The town found each formal application incomplete three times in 2024, and staff then took the position that the projects' vested rights may have expired because an applicant gets only one 90-day period to cure. The developers appealed, and on March 28, 2025 the town sued them, asking a court to confirm its reading. Both applications were deemed complete on April 16, 2025, and the town says processing continued during the suit. On January 29, 2026, Santa Clara County Superior Court Judge Helen E. Williams rejected the town's single-window reading, finding that each incompleteness determination opens a new 90-day period. The order is not a final judgment. On April 21, 2026 the council granted both appeals, 3-2. Both projects are now in environmental review: an EIR for the Arya and an initial study for the Luxe. Filing dates differ between town staff and court records; this entry uses the staff dates.
Staff · Court · City Council · Judge Helen Williams
| Date | Event | What the record shows |
|---|---|---|
| August 30, 2023 | Luxe Files Builder's Remedy Preliminary Application | Filed for 14849 Los Gatos Boulevard while the town lacked a compliant housing element. Court records give Sept. 12 or 13, 2023. Town of Los Gatos: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet-3423e578564544c4b346a056e5fd6d16.pdf |
| November 7, 2023 | Arya Files Builder's Remedy Preliminary Application | Filed inside the town's compliance gap, which the court later put at Feb. 1, 2023 to July 10, 2024. Town of Los Gatos: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet-3423e578564544c4b346a056e5fd6d16.pdf |
| July 10, 2024 | State Certifies Los Gatos Housing Element | HCD finds the housing element in substantial compliance. Town of Los Gatos: https://losgatosca.gov/1735 |
| December 23, 2024 | Town Finds Arya Incomplete a Third Time | The Luxe's third incompleteness finding came Nov. 20, 2024. Staff then said the projects' vesting may have expired. Town of Los Gatos: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet-3423e578564544c4b346a056e5fd6d16.pdf |
| March 28, 2025 | Town Sues Applicants Over Cure Period | Case 25CV462276 asks for a ruling that an applicant gets only one 90-day period to complete an application. Los Gatan: https://losgatan.com/los-gatos-sues-pair-of-developers-seeking-clarity-around-housing-rules/ |
| April 16, 2025 | Both Applications Deemed Complete | The town says processing continues while the suit is pending. Town of Los Gatos: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet-3423e578564544c4b346a056e5fd6d16.pdf |
| September 5, 2025 | Housing Groups File Amicus Brief | YIMBY Law, the California Housing Defense Fund and Californians for Homeownership back the developers. YIMBY Law: https://www.yimbylaw.org/amicus-briefs |
| January 29, 2026 | Judge Rejects Town's Single-Window Reading | Judge Helen E. Williams rules that each incompleteness finding opens a new 90-day period and denies the town's motion. Los Gatan: https://losgatan.com/judge-sides-with-developers-and-housing-activists-in-lawsuit-over-vesting-rights/ |
| April 21, 2026 | Council Grants Arya and Luxe Appeals, 3-2 | Council members Badame and Hudes dissent, and a Hudes motion to delay two weeks fails. The council ties further Arya talks to the end of the litigation. Town minutes: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Minutes-3423e578564544c4b346a056e5fd6d16.pdf |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| December 23, 2024 | Staff | deemed application incomplete | — | None | Town of Los Gatos: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet-3423e578564544c4b346a056e5fd6d16.pdf |
| January 29, 2026 | Court | ruling issued | — | Unknown | Los Gatan: https://losgatan.com/judge-sides-with-developers-and-housing-activists-in-lawsuit-over-vesting-rights/ |
| April 21, 2026 | City Council | appeal upheld | 3–2 | Unknown | Town minutes: https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Minutes-3423e578564544c4b346a056e5fd6d16.pdf |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.