Committee for Responsible Planning v. City of Indian Wells

Appeal from order of the trial court denying a motion for relief from the conditions of a writ of mandate. The writ, issued under Government Code section 65755, prohibits the City of Indian Wells (City) from issuing building permits, map approvals, and other discretionary land use approvals until the City brings its general plan into compliance with state law. On appeal, Monte Sereno Estates (Monte Sereno) contends that the facts before the trial court do not support its decision, the trial court applied an incorrect legal standard in determining Monte Sereno’s motion, and important policy considerations dictate granting the motion. This case involves an issue of first impression concerning the circumstances under which a court may curtail development under section 65755.

Facts

The Committee for Responsible Planning (Committee) filed an action seeking, among other things, to invalidate the City’s general plan. The trial court adopted a detailed statement of decision and issued a writ of mandate after it determined that the City’s general plan was invalid. In the writ, the court ordered the City to bring its general plan into compliance with state law. As required under…