California Court of Appeal

In an action involving a certificate of compliance with the Subdivision Map Act in regards to a lot of land, trial court's grant of a writ of mandate to compel defendant to issue the certificate is reversed where: 1) the lot in question was not protected by the grandfather provision protecting maps from current legal requirements; 2) the refusal to issue a certificate of compliance for the lot based on its depiction on an earlier map does not constitute an impermissible retrospective application of law; and 3) a local agency may deny an application for a certificate of compliance where the effect of issuing a certificate would be to effectively subdivide the property without complying with the Act.

Appellate Information

• Decided 04/17/2009
• Published 04/17/2009

Judges

• STEVENS, J.*

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Dennis Bunting, Esq., Assistant County Counsel, James W. Laughlin, Esq., County Counsel of Solano County, for Defendant and Appellant., James P. Corn, Esq., Barbara A. Brenner, Esq., Allison D. Cook, Esq., Stoel Rives LLP, Sacramento, for Plaintiff and Respondent.