Kriebel

Petitioners are owners and residents of property contiguous to the site of a project contemplating the construction of a 46-unit subdivision on undeveloped mesa top and canyon land in La Jolla. The project was proposed by real party in interest-respondent T. H. Nielsen Corporation (Nielsen) and was approved by the respondent City of San Diego City Council (Council).

Petitioners contend the trial court committed two errors which require reversal of the judgment. They claim the court ruled (1) the action was barred for failure to have served summons on the complaint within the statutory period under the Subdivision Map Act, and (2) the petitioners were estopped from raising objections to an environmental impact report. Three days before oral argument, Nielsen moved to dismiss for mootness.

Facts

Nielsen applied to the city for approval of a planned residential development (PRD) permit and tentative subdivision map for the project. An environmental impact report (EIR) was prepared, submitted, processed and became final. The PRD was approved by the planning commission whose action was appealed to the Council. The PRD was approved by the Council and on the same day…