Court Of Appeal Of California, Fourth Appellate District, Division Three, UNPUBLISHED, January 27, 2010
The decision upholds a city’s approval of an open space zoning ordinance and overturns the trial court’s decision to invalidate the ordinance. The appeals court held that the plaintiff private landowner (Babcock) could not prevail in an action to invalidate the ordinance because, unless the city denied a development permit application, the plaintiffs’ action was barred by the statute of limitations and was not ripe. The statute of limitations and ripeness problems would not bar the plaintiffs from appealing if the city were to use the zoning ordinance to deny the plaintiffs a development permit. The plaintiffs’ substantive and procedural challenges to the validity of the zoning ordinance were not the basis for this decision.
This opinion has not been certified for publication or ordered published. Decision text temporarily available at http://www.courtinfo.ca.gov/opinions/nonpub/G041235.PDF.