CITY OF GOLETA v. SUPERIOR COURT

No. S129125.

52 Cal.Rptr.3d 114 (2006)

40 Cal.4th 270

147 P.3d 1037

CITY OF GOLETA et al., Petitioners, v. SUPERIOR COURT of Santa Barbara County, Respondent; Oly Chadmar Sandpiper General Partnership, Real Party in Interest.

Supreme Court of California.

December 21, 2006.


Attorney(s) appearing for the Case

Julie Hayward Biggs, City Attorney; Burke, Williams & Sorensen, Brian A. Pierik, Geralyn L. Skapik, Amy E. Morgan, Riverside; Shute, Mihaly & Weinberger, Rachel Hooper and Ellison Folk, San Francisco, for Petitioners.

Meyers, Nave, Ribak, Silver & Wilson, Peters S. Hayes, Amrit S. Kulkami and Kyle W. LaLonde, Oakland, for League of California Cities and City of Laguna Woods as Amici Curiae on behalf of Petitioners.

Moscone, Emblidge & Quadra, G. Scott Emblidge and Rachel J. Sater, San Francisco, for Carmel Valley Association as Amicus Curiae on behalf of Petitioners.

Law Offices of Donald B. Mooney and Donald B Mooney, Davis, for Sierra Club, Surfrider Foundation and Santa Barbara Shores Homeowner's Association as Amici Curiae on behalf of Petitioners.

No Appearance for Respondent.

Allen Matkins Leek Gamble & Mallory, Patrick E. Breen, Anthony J. Oliva, Patrick A. Perry, Los Angeles; Hollister & Brace, Richard C. Monk, Marcus Bird, Santa Barbara; Lascher & Lascher and Wendy C. Lascher, Ventura, for Real Party in Interest.

June Babiracki Barlow, Los Angeles, and Grant Michiaki Habata for California Association of Realtors as Amicus Curiae on behalf of Real Party in Interest.

Stoel Rives and James P. Corn, Sacramento, for Consulting Engineers and Land Surveyors of California as Amicus Curiae on behalf of Real Party in Interest.

Stephen Shane Stark, County Counsel (Santa Barbara), Alan L. Seltzer, Chief Assistant County Counsel, and Kelly A. Casillas, Deputy County Counsel, as Amici Curiae on behalf of Real Party in Interest.

California Rural Legal Assistance and Kirk Ah-Tye, Santa Barbara, for Kathryn Lubahn as Amicus Curiae on behalf of Real Party in Interest.

James S. Burling, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Real Party in Interest.

Hill & Trager and Russell R. Ruiz, Santa Barbara, for Goleta Water District as Amicus Curiae on behalf of Real Party in Interest.

Richard Kelton, Santa Monica, for Bollenbacher & Kelton, Inc. as Amicus Curiae on behalf of Real Party in Interest.

Reetz, Fox & Bartlett and Randall Fox, Santa Barbara, for coalition of Labor, Agriculture and Business as Amicus Curiae on behalf of Real Party in Interest.

Nick Cammarota for California Building Industry Association and California Land Surveyors Association as Amici Curiae on behalf of Real Party in Interest.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, and Denise Ferkich Hoffman, Deputy Attorney General, for Department of Housing and Community Development as Amicus Curiae on behalf of Real party in Interest.


CORRIGAN, J.

Here we conclude that a newly incorporated city had discretion to disapprove a final subdivision map when the vesting tentative subdivision map had been approved by the county. We also conclude that actions taken by the city did not divest it of this discretion or subject it to estoppel.

I. FACTS AND PROCEDURAL BACKGROUND

The City of Goleta (Goleta or City) was created from unincorporated territory within the County of Santa Barbara...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases