Manning

Manning v. County of Humboldt CA1/1

Good Law
Court of Appeal of CaliforniaApril 22, 2015A140736California1,860 words

Opinion

Opinion

Margulies, J.

I. BACKGROUND

This appeal is grounded in land use transactions and litigation occurring over the course of two decades in Humboldt County. We relate only so much of that history as is necessary for our decision. In June 2009, the Mannings applied to the County for a certificate of compliance with respect to a 1.19-acre portion of a larger 9.56-acre parcel (the 1.19-acre site). A certificate of compliance, governed by Government Code section 66499.35, represents a determination by the local land use authority that the subject property complies with the Act and applicable local ordinances. (Gov. Code, § 66499.35, subd. (a).) “When parcels are validated by certificates of compliance, they ‘may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto.’ ” (Gardner v. County of Sonoma (2003) 29 Cal.4th 990, 998.) The 1.19-acre site had been created as a parcel by a lot line adjustment filed in 1989 by the owner of the property, Hazel Manning (Ms. Manning). In 1997, Ms. Manning executed a document entitled, “Lease Contract for Life-Estate for Rene & Carol Manning” (lease), which leased the 1.19-acre site to the…

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