ELR Citation: ELR 20901
No(s). L.A. 30110 (Cal. Sep 27, 1973)

In an action by a land developer for declaratory relief, damages, and a writ of mandate, the California Supreme Court rules that a joint city-county general development plan that proposes a street extension through plaintiff's property constitutes neither inverse condemnation nor a taking of plaintiff's land. The plan in its present form is subject to revision, and plaintiff has no cause of action unless and until the city and county act to implement the plan. The city could not use the plan as the sole basis for denying plaintiff's application for a building permit, however, and the trial court erred in dismissing plaintiff's claim seeking a writ of mandate to compel issuance of the permit.

Counsel for Plaintiff
William T. Selby
P.O. Box 790
2580 E. Main Street
Ventura, CA 93001

K.D. Lyders
Thompson, Lyders & Laing
Suite 201 Vista Building
374 Poli Street
Ventura, CA 93001

Counsel for Defendants
James E. Dixon
Dixon & Riding
374 E. Poli Street
Ventura, CA 93001