Supreme Court of California

In a dispute over a city's refusal to accept an application to convert a 170-unit mobilehome park from tenant occupancy to resident ownership, because the plaintiff had failed to include applications for a coastal development permit or for Mello Act approval, the Court of Appeal's reversal of the trial court's grant of mandamus relief to plaintiff is affirmed where: 1) the requirements of the California Coastal Act of 1976 and the Mello Act apply to a proposed conversion, within California's coastal zone, of a mobilehome park from tenant occupancy to resident ownership; 2) plaintiff's argument that such a conversion is not a "development" for purposes of the Coastal Act is without merit; and 3) plaintiff's argument that Government Code section 66427.5, a provision of the Subdivision Map Act, exempts such conversions from the need to comply with other state laws, or precludes local government agencies from exercising state-delegated authority to require compliance with state laws such as the Coastal Act or the Mello Act is without merit.

Appellate Information

• Decided 11/29/2012
• Published 11/29/2012

Judges

• Werdegar

Court

• Supreme Court of California

Counsel