Presenting Jamul v. Board of Supervisors

Presenting Jamul appeals a judgment denying its petition for a writ of mandate and complaint for declaratory relief, in which it challenges the Board of Supervisors of San Diego County’s (Board) denial of its request to toll the expiration date of the tentative subdivision map. The tentative map (Tentative Map) related to a proposed development known as. the Honey Springs Ranch Project, and the request for tolling was proposed pursuant to Government Code section 66452.6, subdivision (c). The trial court rejected Presenting Jamul’s contention the tolling application must be deemed granted as a matter of law, because the Board failed to act on it within the statutorily required 40-day time period. The court also held review was precluded, because the petition was not filed within the 90-day limit required by section 66499.37. This appeal challenges both holdings. We conclude Presenting Jamul’s attack on the Board’s denial of its tolling application, regardless of its form, is barred by section 66499.37 and, accordingly, affirm the judgment.

Factual and Procedural Background

Presenting Jamul is a limited partnership of which Presenting, Inc., a California corporation, is…