Pratt

Pratt v. Adams

Good Law
1964 Cal. App. LEXIS 1023·229 Cal. App. 2d 602·40 Cal. Rptr. 505
Court of Appeal of CaliforniaSeptember 11, 1964Civ. 21781California1,595 words

Opinion

Opinion

Devine, J.

An unsuccessful attempt by appellants, landowners, to compel officers of the county, by writ of mandate, to issue permits to build residences on their property gives rise to this appeal The county defends its denial of the permits principally on the ground that its county code provides that building permits shall issue only when all pertinent laws and ordinances have been complied with, and that in this ease the county ordinance passed in pursuance of the Subdivision Map Act has not been complied with, but violated. (There are other defenses, but because some of them, even if valid, probably are but temporary, and surmountable by appropriate action by appellants, and because our decision herein obviates the need of passing on them, we merely make this parenthetical reference.) Appellants readily concede that their actions, described below, have been directed to avoiding the provisions of the Subdivision Map Act, but contend the means have been quite legal. They say that the deliberate avoidance is comparable to skillful estate or business planning, within the law, to avoid inheritance or income taxes.

Facts

Appellants bought 46,237 acres, with the purpose of developing and…

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