Long Beach Equities, Inc. v. County of Ventura

Good Law
1991 Cal. App. LEXIS 734·231 Cal. App. 3d 1016·282 Cal. Rptr. 877·91 Daily Journal DAR 8130·91 Cal. Daily Op. Serv. 5130
Court of Appeal of CaliforniaJune 27, 1991Docket Nos. B045047, B046558California7,753 words

Opinion

Opinion

Gilbert, J.

Long Beach Equities, Inc. (LBE) desires to build 249 single-family residences on a 250-acre parcel of land it owns adjacent to the City of Simi Valley (City). LBE contends that land use regulations of the County of Ventura (County) and City, on their face and as applied, will so greatly delay its development plans as to render them economically infeasible.

We hold that this suit is not ripe for adjudication. We affirm the judgment for County and grant City’s petition for issuance of a writ of mandate to compel the trial court to enter an order sustaining City’s demurrer without leave to amend.

LBE sued these entities seeking damages for inverse condemnation, among other things. The trial court sustained County’s demurrer to LBE’s first amended complaint without leave to amend. LBE moved for reconsideration and proffered a second amended complaint. The court denied the motion and sustained City’s demurrer without leave as to several counts, but overruled that demurrer on counts for inverse condemnation, denial of due process and declaratory and injunctive relief.

LBE appealed the judgment entered on County’s demurrer and the ruling rendered on its motion for…

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