Linda Vista Village San Diego Homeowners Ass'n v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San Diego (the City), and the predecessors of defendants and respondents Tecolote Investors, LLC (Landlord Defendants). The master lease for the park site was entered into after the City negotiated with developers to provide low-income housing opportunities there.

Appellant’s complaint was filed in 2012 against the Landlord Defendants and the City (together Respondents), and alleges that the park site is located on and should be properly characterized as “Pueblo lands,” within the meaning of San Diego City Charter section 219 (section 219). This section and its predecessors since 1909 have been applied to certain Pueblo lands north of the San Diego River to require approval by City Council ordinance and City voters for any sale or lease of them for more than 15 years. (See DeYoung…