Friends of Westhaven and Trinidad v. County of Humboldt

Good Law
107 Cal. App. 4th 878·132 Cal. Rptr. 2d 561·2003 Cal. App. LEXIS 509·2003 Daily Journal DAR 3877·2003 Cal. Daily Op. Serv. 3039
Court of Appeal of CaliforniaApril 8, 2003A096742California3,076 words

Opinion

Opinion

Corrigan, J.

Friends of Westhaven and Trinidad (Friends) appeals from a summary judgment in favor of the County of Humboldt and real party in interest Michael Moss interpreting provisions of the Subdivision Map Act (the Act). In this case of first impression, we reverse because we conclude the trial court misinterpreted the applicable statutes.

Factual and Procedural Background

On November 20, 1997, the Humboldt County Planning Commission approved Moss’s proposed tentative subdivision map. Friends appealed the approval and on December 2, 1997, the county board of supervisors (Board) rejected that appeal. On February 25, 1998, Friends petitioned for a writ of mandate to overturn the Board’s decision. When respondents demurred, alleging that Friends had failed to exhaust its administrative remedies, the trial court sustained the demurrer and this court affirmed. (Friends of Westhaven & Trinidad v. County of Humboldt (Jan. 31, 2000, A085022) [nonpub. opn.].) We issued our remittitur on April 3, 2000.

On August 8, 2000, Moss, relying on Government Code section 66452.6, asked the Board to stay expiration of the tentative map for the period that it was subject to litigation. The Board…

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