Midway Orchards v. County of Butte

Good Law

1990 Cal. App. LEXIS 569·220 Cal. App. 3d 765·269 Cal. Rptr. 796

Court of Appeal of CaliforniaMay 21, 1990Docket Nos. C004316, C003276California6,772 words

Opinion

Sims, J.

In this opinion we decide two related appeals which have been consolidated at the request of one of the parties.

Both appeals involve unsuccessful attempts by Midway Orchards and Southfork Developers (collectively Midway) to develop for residential purposes a 110-acre almond orchard located about 2 miles outside the City of Chico (City).

In an unpublished portion of the opinion, we first consider appeal No. C004316. There, we reject Midway’s attack on a 1982 amendment to the Butte County General Plan (General Plan) that restricted Midway’s orchard property to agricultural uses by placing it outside a “greenline” defining the outer limit of urban development in the City.

We next consider appeal No. C003276. This appeal concerns attempts in 1984 by the Butte County Board of Supervisors (Board) to allow Midway to develop its property by amending the general plan and applicable zoning ordinance and by entering into a development agreement pursuant to article 2.5 of division 1 of title 7 of the Government Code (§§ 65864-65869.5). The Board’s attempts to amend the general plan and zoning ordinance were greeted by a citizens’ referendum petition. In an unpublished portion of…

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Parties

MIDWAY ORCHARDS
Plaintiff
COUNTY OF BUTTE
Defendant

Judges

Sims

Cites (45)

36 Cal. 3d 561
28 Cal. App. 3d 574
231 Cal. App. 2d 774
184 Cal. 117
201 Cal. App. 3d 966
80 Cal. App. 2d 486
42 Cal. 3d 951
152 Cal. App. 3d 720
134 Cal. App. 462
35 Cal. 2d 550
54 Cal. 2d 154
149 Cal. 758
12 Cal. App. 3d 550
5 Cal. 2d 349
18 Cal. 3d 582
48 Cal. 2d 832
176 Cal. 84
170 Cal. 605
30 Cal. 3d 638
107 Cal. App. 3d 866
8 Cal. 3d 942
19 Cal. 2d 713
173 Cal. 802
80 Cal. App. 3d 138
50 Cal. App. 3d 74
<em> 377 </em> U.S. 533, 566
264 Cal. App. 2d 470
189 Cal. App. 2d 558
17 Cal. 3d 280
31 Cal. 3d 79
158 Cal. 21
26 Cal. 2d 817
34 Cal. App. 3d 672
210 Cal. App. 2d 618
32 Cal. App. 2d 419
176 Cal. App. 2d 115
184 Cal. App. 2d 422
54 Cal. 2d 86
96 Cal. App. 3d 741
103 Cal. App. 113
159 Cal. App. 2d 294
64 Cal. App. 2d 427
179 Cal. App. 3d 1084
202 Cal. App. 3d 1448
77 Cal. App. 3d 117