County of San Luis Obispo v. Superior Court
Opinion
Opinion
Gilbert, J.
In response to real party in interest’s petition, the trial court granted a writ of administrative mandamus to compel a county planning department to issue him certificates of compliance on real property. We grant a writ of mandate to compel the trial court to vacate its order because real party no longer holds title to the property and therefore lacks standing.
Background
The subject property consists of 834 acres of range located near the town of Paso Robles. In 1889, when Benjamin Harrison was President, Teddy Roosevelt was a civil service commissioner, and Gilbert and Sullivan’s The Gondoliers was playing at London’s Savoy Theatre, a subdivision map for the property was filed with the San Luis Obispo County Clerk. During the ensuing years, these bucolic fields were used mainly for agriculture. But, as is the nature of things, change was bound to occur.
About 100 years later, Jack Munari, real party in interest, acquired this land. At the time, the acreage was encumbered by a deed of trust in favor of William R. Zappas. Munari alleges to have spent four years attempting to gain governmental approval to develop the property.