Village Communities, LLC v. County of San Diego

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VILLAGE COMMUNITIES, LLC; et al., No. 23-55679

Plaintiffs-Appellants, D.C. No. 3:20-cv-01896-AJB-DEB v.

COUNTY OF SAN DIEGO; BOARD OF MEMORANDUM*

SUPERVISORS OF COUNTY OF SAN

DIEGO,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding

Argued and Submitted May 7, 2024 Pasadena, California

Before: WARDLAW, CHRISTEN, and BENNETT, Circuit Judges.

This case arises out of the County of San Diego’s denial of Village

Communities’1 mixed-use development proposal near West Lilac Road in San

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 Plaintiffs-Appellants are real estate development entities Village Communities, LLC, Shirey Falls, LP, Alligator Pears, LP, Gopher Canyon, LP, Ritson Road, LP, Lilac Creek Estates, LP, Sunflower Farms Investors, LP. We refer to them…