Lakeview Meadows Ranch v. County of Santa Clara

Good Law
1994 Cal. App. LEXIS 823·27 Cal. App. 4th 593·32 Cal. Rptr. 2d 615·94 Daily Journal DAR 11189·94 Cal. Daily Op. Serv. 6139
Court of Appeal of CaliforniaAugust 10, 1994H011152California2,264 words

Opinion

Opinion

Mihara, J.

Plaintiff acquired title to thousands of acres of ranchland in southern Santa Clara County in 1965. Though not separately described in the deed, the three parcels at issue herein were part of the land included in this 1965 grant deed, and the deed did not purport to merge the separate and distinct individual parcels within the deeded property. In 1991, plaintiff applied for certificates of compliance with the Subdivision Map Act pursuant to Government Code section 66499.35 for a number of parcels including the three at issue herein.These three parcels were designated as parcel 4903, parcel 4909 and parcel 4911. Defendant County of Santa Clara (hereafter the County) denied these three applications. Plaintiff then petitioned for a writ of mandate from the superior court. The superior court issued an alternative writ, and the County filed an answer in which it admitted that two of the three parcels had been created prior to 1893. Plaintiff’s petition was granted, and judgment was entered directing the issuance of a peremptory writ of mandate. A writ of mandate issued commanding the County to issue certificates of compliance for the three parcels. The County appeals. For the…

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