Heritage Oaks, LLC v. County of Monterey CA6

Filed 9/22/15 Heritage Oaks, LLC v. County of Monterey CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

HERITAGE OAKS, LLC, H040682

(Monterey County Plaintiff and Appellant, Super. Ct. No. M109417)

v.

COUNTY OF MONTEREY,

Defendant and Respondent.

Heritage Oaks, LLC (Heritage Oaks) appeals from the trial court’s order denying its petition for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) Heritage Oaks filed its petition after respondent County of Monterey (County) rejected its application to develop approximately 79 acres of property for residential purposes. Heritage Oaks contends: (1) the trial court failed to exercise its independent judgment in reviewing the County’s decision; (2) the County violated…