VAN'T ROOD v. COUNTY OF SANTA CLARA

No. H023716

6 Cal.Rptr.3d 746 (2003)

113 Cal.App.4th 549

Richard van't ROOD, Plaintiff and Appellant; John PEREIRA et al., Plaintiffs and Respondents, v. COUNTY OF SANTA CLARA, Defendant and Respondent.

Court of Appeals of California, Sixth District

November 20, 2003


Attorney(s) appearing for the Case

Law Offices of Craig J. Bassett, Craig J. Bassett, Morgan Hill, for Plaintiff and Appellant.

No appearance, for Plaintiffs and Respondents.

Ann Miller Ravel, County Counsel, David E. Kahn, Deputy County Counsel, Office of the County Counsel, for Defendant and Respondent County of Santa Clara.


WUNDERLICH, J.

In 1970, a landowner subdivided his property and sold portions of it to two adjoining neighbors. Nearly 30 years later, it came to light that the map filed in connection with the property division apparently merged each neighbor's property holdings. That revelation prompted the affected neighbors to bring this proceeding to exclude their property from the subdivision. Following a three-day hearing, the trial court denied the petition for exclusion....

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