Toigo

I.

Introduction

By this action, appellants Susanna Toigo, H. Skip Berg and Brenda Berg (collectively, Toigo), sought to compel respondents the Town of Ross, the Town Council of the Town of Ross, and current and former town coun-cilmembers Charles Goodman, Kelley Reid, Peter Barry, John Scott, and Mary Brown (collectively, the Town) to set aside the denial of Toigo’s 1994 application for a five-lot subdivision on their hillside property. Toigo challenged the Town’s decision on numerous grounds, three of which concern us here: 1) the Town abused its discretion in denying Toigo’s subdivision application; 2) the Town is estopped from taking any action to deny Toigo’s subdivision application by reason of the Town’s prior approval of the subdivision’s design; and 3) the regulation and restraint of Toigo’s property constitutes a taking under the just compensation clause of the Fifth Amendment. (U.S. Const., 5th Amend.) The trial court rejected these arguments and entered judgment for the Town after denying Toigo’s petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) and granting the Town’s motion for summary adjudication (§ 437c, subd. (f)(1)). We…