County of Alameda v. Superior Court

The County of Alameda (or County) petitions for issuance of a writ of mandate to compel respondent, the Superior Court of Alameda County, to grant the County’s motion for summary judgment in an inverse condemnation action brought by real party in interest, San Leandro Rock Company, Inc. (San Leandro Rock). The County contends that the action is not ripe because San Leandro Rock has not submitted a single development proposal to the County for San Leandro Rock’s property since the passage of Measure D, the land use regulation at issue here. Respondent denied the County’s motion, holding that San Leandro Rock had proffered sufficient facts to support the conclusion that any development proposal would be futile in light of the restrictions imposed on development of the property. We conclude that respondent erred and accordingly order the issuance of a peremptory writ of mandate.

Factual and Procedural Background

The central facts of this case are largely undisputed.

I. Development History of the San Leandro Rock Property

San Leandro Rock owns two parcels of land in Alameda County, which are designated Assessor Parcel Nos. 79-100-1 and 79-100-2 (hereafter the Property).…