Bright

Bright v. Board of Supervisors

Good Law
135 Cal. Rptr. 758·1977 Cal. App. LEXIS 1120·66 Cal. App. 3d 191
Court of Appeal of CaliforniaJanuary 21, 1977Civ. 14652California1,248 words

Opinion

Opinion

Brown, J.

The county appeals the judgment granting Anthony W. Bright a peremptory writ of mandate which directs the Board of Supervisors of San Diego County to. reconsider its decision of January 8, 1975 denying Bright permission to subdivide his land by parcel map. The only question is whether Bright’s proposed division of land is subject to the Subdivision Map Act.

On November 18, 1966, Bright acquired by grant deed a parcel of land, Parcel A, which he holds as separate property. An adjoining parcel, Parcel B, was acquired by Bright and his wife, as joint tenants, on April 29, 1968. On May 7, 1971, by grant deed Bright transferred his intérest in a portion of Parcel B to his wife as her separate property. This division created Parcel C. On May 30, 1973, Bright filed a tentative parcel map in which he proposed to divide Parcel A into four lots. In due time he was notified the San Diego Planning Department disapproved his application because it was a subdivision and did not follow the requirements of the Subdivision Map Act. At the time this decision was made, the applicable statute defined a subdivision as “. . . any real property, improved or unimproved, or portion thereof,…

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