SUNSET SKYRANCH PILOTS ASSN. v. County of Sacramento

Good Law
164 Cal. App. 4th 671·79 Cal. Rptr. 3d 539
Court of Appeal of CaliforniaJuly 2, 2008C055224California10,904 words

Opinion

Opinion

Taylor & Wiley, John M. Taylor, Kate Leary Wheatley and Matthew S. Keasling for Real Parties in Interest and Respondents.

SIMS, Acting P. J.

This appeal challenges a county's zoning decision to deny renewal of a conditional use permit (CUP) needed for continued operation of a privately owned, public-use airport—the Sunset Skyranch Airport. Appellants Sunset Skyranch Pilots Association and Daniel Lang (collectively, the Airport) appeal from a judgment denying their petition for writ of mandate and complaint for injunctive relief and monetary damages, against the County of Sacramento and its board of supervisors (collectively, the County). Real parties in interest, John Taylor and Taylor and Wiley, represent property owners developing properties north of the airport and are aligned with the County as respondents in this appeal.

The Airport contends the County's denial of the CUP renewal (which was upheld by the trial court on the ground the Airport was hindering acquisition of a site for construction of an elementary school) was preempted by the State Aeronautics Act (Pub. Util. Code, § 21001 et seq. (SAA)). [1] The Airport maintains the SAA prevents the County from exercising…

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