CACERF Norco v. City of Norco CA4/2

I. INTRODUCTION

Plaintiff and appellant, CACERF Norco, LLC (CACERF), is the owner of

approximately 428 acres in the City of Norco. It filed the present writ petition and

1 declaratory relief/inverse condemnation action against defendants and respondents, City

of Norco and the City Council of the City of Norco (collectively, the City), contending

that changes in the City’s general plan and zoning ordinances resulted in a taking of

CACERF’s property under the Fifth and Fourteenth Amendments. We disagree.

We affirm the trial court’s denial of CACERF’s petition for writ of mandate and

the judgment entered on the declaratory relief/inverse condemnation action. We find that

to the extent CACERF’s petition is a “facial” challenge to the general plan designation

and zoning ordinance, the regulations do not deprive CACERF of all economically

beneficial or productive use of its land. To the extent CACERF’s attack is an “as

applied” challenge to the general plan designation and zoning ordinance, the claim is not

ripe.

II. FACTS

The property in question is approximately 428 acres in size. Immediately prior to

the subject general plan amendment and zone change the property was…