Moores

Moores v. BD. OF SUP'RS OF MENDOCINO COUNTY

Good Law
122 Cal. App. 4th 883·19 Cal. Rptr. 3d 206·2004 Cal. App. LEXIS 1602·2004 Daily Journal DAR 12003·2004 Cal. Daily Op. Serv. 8814
Court of Appeal of CaliforniaSeptember 24, 2004A105446California2,814 words

Opinion

Opinion

Kay, J.

This appeal involves concepts of merger and unmerger of contiguous parcels having common ownership under the Subdivision Map Act (Gov. Code, § 66410 et seq.). Plaintiffs William M. Moores and Tona E. Moores brought suit for declaratory relief and for a writ of administrative mandate directing defendant Board of Supervisors for the County of Mendocino (County) to set aside a determination that plaintiffs’ parcels were merged. The trial court agreed with the County that its merger determination was proper according to state and local law. We affirm.

BACKGROUND

The history of this dispute and the litigation it produced is largely without dispute and does not take long to relate.

Starting in 1996, the County has taken the position that the four contiguous parcels owned by plaintiffs have merged into one. Plaintiffs maintain there has been no merger because the County did not comply with its own ordinances. After informal discussion with the county counsel failed to relieve the impasse, plaintiffs appealed to the county planning commission the county counsel’s opinion that the parcels were merged. After the commission upheld the county counsel’s opinion, plaintiffs appealed…

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