Chandis Securities Co. v. City of Dana Point

Plaintiffs Chandis Securities Company, M. H. Sherman Company and Sherman Foundation sued defendants the City of Dana Point and its city council seeking to invalidate the results of two referendums by which the city’s electorate failed to approve the adoption of a specific plan and a general plan amendment relating to plaintiffs’ property, and to allow development of the land. The trial court granted defendants’ motion for summary judgment and entered judgment for defendants. Plaintiffs contend the rejection of the referendums exceeded the city’s police powers, violated their right to equal protection of the law and constituted a taking of property without just compensation. In addition, plaintiffs argue the referendums are invalid because they violate the consistency requirement of the Planning and Zoning Law (Gov. Code, § 65000 et seq.; all further statutory references are to the Government Code unless otherwise designated), and failed to satisfy the requirements of section 65589.5, subdivision (j). We find these arguments to be without merit and affirm.

Facts

Plaintiffs own approximately 120 acres of undeveloped land along the coast in Dana Point known as the…