TOPSAIL ASS'N v. County of Santa Cruz
Opinion
Opinion
In 1992, appellant County of Santa Cruz (the County) approved a parcel map that created a four-parcel subdivision. In 1995, respondent Soquel Creek Water District (SCWD) purchased one of the four parcels for the purpose of building a well and water treatment facility on the parcel. In 1997, the remaining three parcels were sold to individuals who now live in single family residences on these parcels. The owners of these three parcels are the members of appellant Topsail Court Homeowners Association (Topsail). In December 1999, Topsail petitioned for a writ of mandate. It sought to compel the County to issue a conditional certificate of compliance for SCWD's parcel based on the absence of compliance with the County's 1990 conditional approval of the proposed subdivision. Topsail also sought a writ of mandate compelling SCWD to comply with building and zoning laws with regard to its proposed well and water treatment facility.
In October 2000, the trial court issued a writ of mandate commanding the County to issue conditional certificates of compliance for all four parcels due to the absence of compliance with the 1990 conditional approval. The court refused to issue a…