GARDNER v. COUNTY OF SONOMA

No. S102249.

129 Cal.Rptr.2d 869 (2003)

29 Cal.4th 990

62 P.3d 103

Jack A. GARDNER et al., Plaintiffs and Appellants, v. COUNTY OF SONOMA, Defendant and Respondent.

Supreme Court of California.

February 6, 2003.


Attorney(s) appearing for the Case

Perry, Johnson, Murray, Anderson & Miller, Perry, Johnson, Murray, Anderson, Miller & Moskowitz, Leslie R. Perry, Santa Rosa, and Jessica R. Flores for Plaintiffs and Appellants.

James S. Burling, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Craig J. Bassett, Morgan Hill, for Richard van't Rood as Amicus Curiae on behalf of Plaintiffs and Appellants.

Steven M. Woodside, County Counsel, and Sue A. Gallagher, Deputy County Counsel, for Defendant and Respondent.

Stephen Shane Stark, County Counsel (Santa Barbara), and Alan L. Seltzer, Assistant County Counsel, for the County of Santa Barbara as Amicus Curiae on behalf of Defendant and Respondent.

McCutchen, Doyle, Brown & Enersen, Daniel J. Curtin, Jr., Robert E. Merritt and Geoffrey L. Robinson, Walnut Creek, for the California State Association of Counties and Participating California Cities as Amici Curiae on behalf of Defendant and Respondent.

M. Thomas Jacobson for American Planning Association and the California Chapter of the American Panning Association as Amici Curiae on behalf of Defendant and Respondent.

Jonathan Wittwer for Granada Sanitary District as Amicus Curiae on behalf of Defendant and Respondent.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Assistant Attorney General, and Jamee Jordan Patterson, Deputy Attorney General, for California Coastal Commission as Amicus Curiae on behalf of Defendant and Respondent.


BAXTER, J.

In the matter before us, an owner of property consisting of more than 1,000 acres in the County of Sonoma caused a subdivision map of his land to be recorded in 1865, prior to the earliest origins of California's Subdivision Map Act (hereafter sometimes the Map Act or the Act) (Gov.Code, § 66410 et seq.). The plaintiffs herein own approximately 158 acres of that land and seek to establish that their property consists of 12 lawfully subdivided parcels...

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