Herrington

Herrington v. County of Sonoma

Good Law
12 F.3d 901
United States Court of Appeals for the Ninth CircuitDecember 28, 1993Nos. 92-15834, 92-16915 and 92-17012California3,956 words

Opinion

Lead Opinion

Leavy, J.

The owners and would-be developers of a tract of California real estate appeal from various rulings of the district court in a long-running dispute arising out of a local, government’s rejection of a proposed housing development. For the reasons which follow we affirm each of the district court’s rulings.

FACTS AND PRIOR PROCEEDINGS

These consolidated appeals represent another round in a protracted legal contest involving John and David Herrington (“Her-ringtons”) and the County of Sonoma, California (“County”). In 1970 the Herringtons inherited a 540-acre farm (“Property”) near Sebastopol, California. Six years later they began work on a proposal to develop the Property for residential use. Over the course of the following three years the Her-ringtons, working with the County’s planning staff, scaled back their original plans for a 103-unit residential development to a final proposal for a 32-unit development.

*903 The Herringtons filed their 32-unit application with the County in 1979.- The County rejected the application as being inconsistent with both its General Plan 2 and a pending Special Plan for West Sebastopol. In 1980, after exhausting their administrative…

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