Karlson

Karlson v. City of Camarillo

Good Law
100 Cal. App. 3d 789·161 Cal. Rptr. 260·1980 Cal. App. LEXIS 1353
Court of Appeal of CaliforniaJanuary 8, 1980Civ. 56376California6,601 words

Opinion

Opinion

Kaufmann, J.

This is an appeal from a judgment denying a peremptory writ of mandate sought by the appellant to set aside two amendments to the general plan of the respondent (hereinafter referred to as City) enacted pursuant to Government Code section 65000 et seq. The petition alleged that amendments 77-2 and 77-3 were inconsistent with various provisions of the general plan, citing Government Code section 65300.5 as requiring the integrated, internal consistency of a general plan. Although two parcels were involved in amendment 77-3, the petition objected only to the one denominated the White parcel.

As additional grounds for setting aside the City’s action, appellant alleged a violation of section 65361 and violation of section 65356.

After the City filed its return, the case was tried upon the affidavit of the City’s planning director and affidavits of the appellant and a third person. In addition, certain exhibits were introduced by appellant, but no record was submitted of the hearing before the city council or the preliminary hearing before the planning commission, although the action of the latter was referred to in the environmental impact reports (hereinafter referred to…

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