Smith v. County of Santa Barbara

Good Law
1966 Cal. App. LEXIS 1654·243 Cal. App. 2d 126·52 Cal. Rptr. 292
Court of Appeal of CaliforniaJune 23, 1966Civ. 29449California2,039 words

Opinion

Opinion

Roth, J.

Appellants Donald Smith and Wayne Bates appeal from a judgment dismissing their suit for inverse condemnation (Cal. Const., art. I, § 14) against respondent County of Santa Barbara (County) and City of Santa Maria. The judgment was entered after the court sustained respondent’s demurrer to appellants’ second amended complaint without leave to amend. There does not appear to be any ruling or judgment in favor of the City of Santa Maria, although it is a party to the second amended complaint. It is not a party to this appeal.

Appellants allege that: they owned a parcel of realty consisting of approximately 87 acres within the County of Santa Barbara; in January 1960, with the approval of the county they filed a subdivision map for family residences covering one portion of the parcel; thereafter they prepared another such map for a second portion of the property which was again approved by the county; the Committee of the Santa Maria Public Airport acted as agent for the two defendants, indicated that it wished to negotiate an exchange of appellants’ land for land owned by the airport committee because (1) the committee anticipated acquisition of appellants’ land for expansion of…

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