Triplett

People Ex Rel. Dept. of Conservation v. Triplett

Good Law
48 Cal. App. 4th 233·55 Cal. Rptr. 2d 610
Court of Appeal of CaliforniaAugust 8, 1996F024360California9,442 words

Opinion

Opinion

Meyers, Nave, Riback, Silver & Wilson, Andrea J. Saltzman, Steven R. Meyers, David W. Skinner, Normoyle & Newman, Russell A. Newman and George A. Petrulakis for Real Party in Interest and Respondent.

OPINION

WISEMAN, J.

In this action, the State of California sues the Assessor of the County of Stanislaus and the private landowner real party in interest for money owed following an alleged improper calculation of a cancellation fee made pursuant to a decision to cancel a Williamson Act contract. We hold the State of California has standing to bring this action; the action is not barred for failure to exhaust administrative remedies; and the 180-day statute of limitations period contained within Government Code section 51286 does not apply.

On December 16, 1994, in the Stanislaus Superior Court, the People of the State of California (State) filed a first amended petition and complaint for writ of mandate, declaratory relief and damages. It named David Triplett, the Stanislaus County Assessor (Assessor) as the defendant, and Diablo Grande Limited Partnership (Diablo Grande) as the real party in interest (collectively, respondents). The suit alleged Douglas P. Wheeler, Secretary of…

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