Alameda County Land Use Assn. v. City of Hayward
Opinion
Opinion
Haning, J.
Plaintiffs and appellants Alameda County Land Use Association et al. appeal the dismissal of their action for injunctive and declaratory relief after the demurrer of defendants and respondents City of Hayward et al. was sustained without leave to amend. They contend the trial court erred in ruling their action was not ripe because they had not been injured by adoption of a memorandum of understanding (MOU) entered into between respondents concerning approximately 13,000 acres of open space.
Facts and Procedural History
When reviewing the sufficiency of a complaint against a demurrer, we assume the truth of all properly pled material facts and consider those matters which may be judicially noticed (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ]), and we report them accordingly.
On or about November 16, 1993, respondents entered into an MOU with each other concerning a parcel of approximately 13,000 acres known as the Ridgelands Area and consisting primarily of open pasture space. Portions of the Ridgelands Area lie within the city limits of Pleasanton and Hayward; the majority lies within the unincorporated area of Alameda County. Part of…