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WESLEY INVESTMENT CO. v. COUNTY OF ALAMEDA

Docket No. AO19484.

151 Cal.App.3d 672 (1984)

198 Cal. Rptr. 872

WESLEY INVESTMENT COMPANY, Plaintiff and Appellant, v. COUNTY OF ALAMEDA, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

February 3, 1984.

Attorney(s) appearing for the Case

COUNSEL

Wilson F. Wendt, Robert F. Kidd and Miller, Starr & Regalia for Plaintiff and Appellant.

Richard J. Moore, County Counsel, Thomas J. Fennone, Assistant County Counsel, and Lorenzo E. Chambliss, Deputy County Counsel, for Defendant and Respondent.

OPINION

BARRY-DEAL, J.

We hold that a county may properly reject a proposed use of real property through its site development review procedure, even though the proposed use is "permitted" under the applicable zoning ordinance.

I. PROCEDURAL BACKGROUND AND FACTS

The pertinent facts appear to be undisputed. Respondent having failed to include a statement of facts in its brief, we accept as true the statement of facts...

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