Plaggmier

Plaggmier v. City of San Jose

Good Law
101 Cal. App. 3d 842·161 Cal. Rptr. 886·1980 Cal. App. LEXIS 1444
Court of Appeal of CaliforniaFebruary 5, 1980Civ. 43982California5,027 words

Opinion

Opinion

Rattigan, J.

This appeal involves a site development permit issued by respondent City of San Jose (hereinafter the City) to respondent Almadén Shopping Center, Ltd., a limited partnership (Almadén), in connection with its proposed construction of a shopping center on an eight-acre tract of land located within the territorial limits of the City. Appellants are individuals, and an association of individuals, who own and live on residential parcels in the immediate vicinity of the tract. They petitioned the superior court for a writ of mandate requiring the City to vacate the permit. Their petition named Almadén as “Real Party In Interest” and the City, its planning commission, and its planning director as respondents. All four answered the petition. After a nonjury trial, the court filed exhaustively detailed findings of fact and conclusions of law adverse to appellants and entered judgment denying their petition. They appeal from the judgment.

Facts

The material facts, and the pertinent provisions of state and local law, are not disputed. The record supports the following recitals, which principally quote the trial court’s findings:

Almadén owned the eight-acre tract at all…

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