Palmer v. City of Ojai

Consolidated appeals taken from judgments rendered in superior courts in Ventura County.

Petitioners Howard Palmer, doing business as Palmer Development Company and Ojai Investments, a California limited partnership, sought a writ of mandate to compel certain actions by respondents, including the issuance of a building permit for a neighborhood commercial shopping center in Ojai. Named as respondents were the City Council, the Planning and Building Department, and the Planning Commission of the City of Ojai, and their individual members. The petition was denied; judgment was entered for respondents and a timely appeal from the judgment was taken.

Plaintiffs also filed a complaint for damages against the City of Ojai, the city council, the planning and building department and the planning and architectural commission, as well as Does, seeking $6,375,000 in damages (as well as attorney fees, expenses and interest) for City’s assertedly wrongful refusal to take action on the development project, i.e., the shopping center, alleging various theories of recovery.

Six causes of action were stated; (1) violation of federal civil rights, pursuant to 42 United States Code…