Fogarty
Fogarty v. City of Chico
Opinion
Opinion
Davis, J.
Plaintiffs Thomas V. and Mary Fogarty (in their capacity as the trustees of two trusts) appeal from a judgment of dismissal after the trial court sustained the demurrer of defendant City of Chico (City) and several individual defendants. They limit the scope of their appeal to a single count in their pleading against only defendant City. They, contend the superior court erred in its conclusion that this count is time-barred. We shall affirm. In so doing, we find that in this instance the applicable statute of limitations is codified in the Subdivision Map Act (Gov. Code, § 66410 et seq.) rather than the Mitigation Fee Act (Gov. Code, § 66000.5 et seq.).
Background
Accepting the well-pleaded factual allegations of the amended petition filed in January 2006 (Robison v. City of Manteca (2000) 78 Cal.App.4th 452, 455 [ 92 Cal.Rptr.2d 748 ], (Robison)), plaintiff trusts are landowners that are seeking on behalf of themselves “and in the public interest” to enforce various provisions of law that “govern the exercise of discretion by [defendant City]. . . over a real estate development owned and proposed by [plaintiff trusts].”