Shea Homes Ltd. Partnership v. County of Alameda

Shea Homes Limited Partnership, Hong Yao Lin, Jennifer Lin (collectively Shea Homes) and Trafalgar, Inc. (Trafalgar) appeal judgments on the pleadings and denials of petitions for writ of mandate in their actions challenging the validity of Measure D, a “Citizens for Open Space Initiative Plan to Protect Agriculture and Open Space” adopted by the electorate of Alameda County (County) in November 2000. They contend Measure D violates the single-subject rule. They also contend the trial court erred in granting judgment on the pleadings because their complaints sufficiently allege that Measure D violates various state housing laws. Trafalgar further contends that Measure D constitutes an arbitrary planning and zoning law, that it effects an unconstitutional regulatory taking on its face, and that respondents are estopped from enforcing it against Trafalgar.

BACKGROUND

East County Area Plan

In May 1994, the County adopted the East County Area Plan as a component of its general plan. “East County” encompasses 418 square miles of eastern Alameda County and includes the cities of Dublin, Livermore, Pleasanton, and a portion of Hayward, as well as surrounding unincorporated…