Orsetti

Plaintiff and appellant Amerigo Orsetti was an owner of land located within the territorial limits of defendant and respondent City of Fremont. Plaintiff filed a complaint for damages in inverse condemnation. Defendants filed a motion for summary judgment which motion was granted and judgment entered. Plaintiff appeals from the judgment.

On July 28, 1976, plaintiff caused an amended and supplemental complaint for damages in inverse condemnation, to be filed in the Superior Court of Alameda County. The complaint contains the following allegations: Plaintiff was the owner of certain real property. Plaintiff consented to his property being incorporated into the City of Fremont, relying upon the representations of defendants that his property could be developed as a residential subdivision. The 1969 general plan of defendants provided that the use of the property should be residential. On August 16, 1971, plaintiff and Singer Housing Company (hereinafter Singer) entered into an option agreement whereby Singer agreed to purchase the property for approximately $445,000 if it could secure the necessary zoning and permits for a residential subdivision. Singer made the necessary…