TRAVIS v. COUNTY OF SANTA CRUZ

No. S109597.

16 Cal.Rptr.3d 404 (2004)

94 P.3d 538

33 Cal.4th 757

Steven TRAVIS et al., Plaintiffs and Appellants, v. COUNTY OF SANTA CRUZ, Defendant and Respondent.

Supreme Court of California.

July 29, 2004.


Attorney(s) appearing for the Case

Steven Travis, Stanley M. Sokolow and Sonya Sokolow, in pro. per.; Pacific Legal Foundation, James S. Burling and Harold E. Johnson, Sacramento, for Plaintiffs and Appellants.

Paul B. Campos, San Ramon, for The California Building Industry Association, Home Builders Association of Northern California and Building Industry Legal Defense Foundation as Amici Curiae on behalf of Plaintiffs and Appellants.

Harold Griffith, Freedom, as Amicus Curiae on behalf of Plaintiffs and Appellants.

Law Offices of Rosario Perry and Rosario Perry, Santa Monica, as Amici Curiae on behalf of Plaintiffs and Appellants.

Pahl & Gosselin, Stephen D. Pahl and Karen Kubala McCay, San Jose, for California Apartment Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Samuel Torres, Jr., and Dana McRae, County Counsel, and Dwight L. Herr, Assistant County Counsel, for Defendant and Respondent.

Dennis J. Herrera, City Attorney (San Francisco), Andrew W. Schwartz, William Chan and Ellen Forman, Deputy City Attorneys, for City and County of San Francisco and League of California Cities as Amici Curiae on behalf of Defendant and Respondent.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Assistant Attorney General, Joseph Barbieri, Christiana Tiedemann and Alice Busching Reynolds as Amici Curiae.


WERDEGAR, J.

A Santa Cruz County ordinance imposes certain restrictions on second dwelling units on residential property. Plaintiffs Steven Travis and Stanley and Sonya Sokolow sought a writ of mandate to enjoin enforcement of the ordinance and remove permit conditions imposed pursuant thereto. Plaintiffs claim the ordinance conflicts with and is preempted by state statutes and that its enforcement unconstitutionally took their property without compensation. The question...

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