California Court of Appeal

In a challenge to a 10-year extension of ordinance drastically restricting development of certain property within city limits (the Density Restriction) on equal protection and takings grounds, dismissal of action is reversed where: 1) under the circumstances of this case, the measure extending the Density Restriction for 10 years gave rise to a new cause of action; and thus, 2) plaintiff's lawsuit was timely.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ellman Burke Hoffman & Johnson, Michael J. Burke, John D. Hoffman, Diane K. Hanna, San Francisco, Elizabeth L. Bridges, for Plaintiff/Appellant, Arcadia Development Company.


• For Appellees:
  
• Shute, Mihaly & Weinberger, Ellison Folk, San Francisco, City of Attorney, City of Morgan Hill, Janet C. Kern, for Defendants/Respondents, City of Morgan Hill.