Scrogings

On the petition of respondents John and Anita Scrogings, the trial court granted a peremptory writ of mandamus ordering George Kovatch, Sonoma County Planning Director, the Board of Zoning Adjustments of Sonoma County and the Board of Supervisors of Sonoma County to issue a zoning clearance to respondents so that a building permit might be issued for construction of a single-family residence on an unimproved lot owned by respondents. The appeal from the judgment has been taken by the county and by Leland S. Murphy, Sr., an owner of land in the affected area, who was permitted to intervene in the action.

Respondents’ lot is located in the Russian River Meadow subdivision in Sonoma County, an area developed by appellant Murphy in 1960 and 1961. It was required by the Sonoma County Planning Commission, as a condition to its approval of the subdivision map, that the document bear on its face an endorsement specifying that no lot was to be resubdivided “until such time as public sewers are available.” The final map, recorded on April 5, 1961, bore the required endorsement.

In 1963, Selberg acquired from Murphy, a lot within the subdivision; the deed to Selberg did not…