Milagra Ridge Partners, Ltd. v. City of Pacifica

Appellant Milagra Ridge Partners, Ltd. (Milagra), appeals a summary judgment in favor of respondents City of Pacifica and City Council of the City of Pacifica (collectively, City) in its action for inverse condemnation, declaratory relief, and writ of mandate. Milagra contends the trial court erred in concluding the City was entitled to judgment as a matter of law because the action was not ripe for adjudication. We affirm.

Background

In or about 1979 or 1980, Milagra purchased an unimproved hillside parcel of approximately 45 acres (the Property) in the City of Pacifica for development purposes.

In July 1980 the City adopted Resolution No. 46-80, a general plan that designated the Property variously as greenbelt, commercial, and low and high density residential.

In September 1983 the City adopted Resolution No. 58-83 to amend the housing, seismic safety and safety elements of the general plan and to announce a resolution of intention to amend the general plan’s land use element. The resolution states that the amendments are to incorporate changes in City service capacity and land capability to accommodate new residential and commercial development, and that “such…