California Court of Appeal

Trial court erred in ordering defendant-developer to make improvements to private road of plaintiff-landowner. Plaintiff's suit was barred by the statute of limitations and failure to exhaust administrative remedies, and also, the approval of a tentative plan requiring the road improvements did not create an enforceable right to have those road improvements completed.

Appellate Information

• Decided 03/04/2004
• Published 03/04/2004

Judges

• HUFFMAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Luce, Forward, Hamilton & Scripps, Jeffrey A. Chine and Brian C. Fish, San Diego, for real party in interest and appellant Barratt American Incorporated.


• For Appellees:
  
•  John J. Sansone, County Counsel, and C. Ellen Pilsecker, Senior Deputy County Counsel, for respondents and appellants John Snyder and the Board of Supervisors for the County of San Diego., Feldhake, August & Roquemore, Arthur M. Wilcox and Katherine A. Slayton, San Diego, for petitioner and respondent.