Hilton

Hilton v. Board of Supervisors

Good Law
1970 Cal. App. LEXIS 2208·7 Cal. App. 3d 708·86 Cal. Rptr. 754
Court of Appeal of CaliforniaMay 19, 1970Civ. 35308California2,831 words

Opinion

Opinion

Lillie, J.

As owners of real property within the area involved, petitioners sought by mandamus (§ 1085, Code Civ. Proc.) to compel respondent supervisors to rescind a rezoning amendment to a county zoning ordinance. General demurrers to the petition as amended having been interposed by respondents, real parties in interest and an intervener, the same were sustained without leave to amend. Petitioners appeal from the ensuing judgment dismissing the action.

The property affected by the change in zoning comprises approximately 5 acres located in Goleta; formerly it was zoned 6-R-2, Two Family Residential District permitting duplexes on net lot acres of 7,000 square feet. By an application filed with the planning commission on February 6, 1969, Goleta Valley Housing Committee (the intervener here) requested a change, in zoning to DR-20, Design Residential District permitting 20 dwelling units per gross acre. Following noticed hearings before the planning commission and the board of supervisors the property, by an amending ordinance, was ultimately rezoned DR-16 which included, under provisions of said ordinance, a Development Plan permitting 15 townhouses or apartments per acre but not…

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