Griffis

Griffis v. County of Mono

Good Law
163 Cal. App. 3d 414·1985 Cal. App. LEXIS 1503·209 Cal. Rptr. 519
Court of Appeal of CaliforniaJanuary 4, 1985Civ. 22341California6,386 words

Opinion

Opinion

Sims, J.

Plaintiff, John Griffis, commenced this taxpayer’s suit against the County of Mono, its board of supervisors (Board), its planning commission (Commission), and a real-estate development partnership, Aspen Creek Phase II, Ltd. (Aspen Creek) to challenge the county’s approval of the final map of the second phase of a subdivision. Plaintiff did not allege that any condition in the tentative remained unsatisfied or that the subdivision would cause any harm. Rather, his principal contention was that the Commission had been without legal authority to grant an extension of the tentative map nearly a year earlier. According to plaintiff, because the extension by the Commission was void, the tentative map expired before the final map was approved, so that final map approval was also void.

The trial court granted plaintiff injunctive and mandamus relief effectively setting aside approval of the final map. The court also awarded plaintiff $100,000 in attorneys fees. Aspen Creek, Mono County, and its Board and Commission appeal. We conclude plaintiff’s principal claims are barred by the statute of limitations set forth in Government Code section 66499.37, a part of the Subdivision…

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