Circle K Ranch Corp. v. Board of Sup'rs

A property owner suggests this case presents an opportunity to decide the question left unanswered by Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725 , 29 Cal.Rptr.2d 804 , 872 P.2d 143 . What is the legal status of subdivisions created on paper prior to the state's first subdivision law in 1893, but never sold or leased as separate parcels? Such subdivisions have been described as "the legacies of 19th century would-be developers whose dreams of carving up their land into profitable real estate parcels went only as far as the county recorder's office." ( Id., at p. 765, 29 Cal.Rptr.2d 804 , 872 P.2d 143 (conc. opn. of Mosk, J.).)

The parcel in question here, however, was not the past dream of a 19th century would-be developer. It is the recent dream of a late 20th century property owner. The property owner seeks to use a United States government survey line appearing on old maps as a boundary line to divide his parcel.

The property owner appeals the trial court's denial of a petition for writ of mandate, administrative mandate, and declaratory relief. The property owner seeks to compel the county to issue a certificate of compliance with the Subdivision…