City of Goleta Wins Stunning Landmark Victory At The Appellate Court

Goleta became a city to gain local control of decisions that affect its communities like land use. State law specifically spells out when and how that authority takes effect upon incorporation of a new city, the landmark case went ended up in the appellate court.

Goleta, CA (PRWEB) October 11, 2004 -- The City of Goleta has won a stunning victory at the appellate court (City of Goleta v. Superior Court (Ply Chadmar Sandpiper General Partnership) (2004) , Cal.App.4th [No. B175054. Second Dist., Div. Six. Sept. 30, 2004.) The three judge panel of the Court of Appeal unanimously upheld the Citys action denying final land use approval to the Sandpiper project and awarding costs to the City.

It may change the way cities and counties do business in mapping and land use planning across the nation.

The case turned on a statute giving new cities the power to deny final maps on projects applied for during the incorporation process and approved by Santa Barbara County after a successful incorporation election. The Sandpiper project was filed after the incorporation effort began and approved after the successful incorporation election. The Court dismissed out of hand arguments presented by legal counsel for Oly Chadmar Sandpiper Partners attempting to deny the City the discretion granted by statute, noting:

We agree with the City that the plain language of section 66413.5 gives the City discretion to deny Sandpipers final map. There is nothing in section 66413.5 requiring the City to adopt legislation to implement the statute. It is not the courts prerogative to add what the Legislature has omitted."

In addition, Sandpiper had contended that it was entitled to rely on the Citys continued processing of the final map and that the City of Goleta therefore could not deny it when it came before the City Council. The appeals court summarily rejected that argument as well, noting:

There is no evidence in the record that any official, employee or agent of the City made any express representation that the City would approve the map. To the contrary, the undisputed evidence shows that City officials publicly voiced their concerns about the project both before and after the incorporation became effective. The City was required by law to continue processing Sandpipers application after incorporation."

Mayor Cynthia Brock, speaking on behalf of the City, commented on the Citys victory, "Goleta became a city to gain local control of decisions that affect our communities like land use. State law specifically spells out when and how that authority takes effect upon incorporation of a new city.

The council carefully obeyed that law in exercising its authority concerning the Sandpiper Residences development. For that we were sued by the developer.

If we had not defended our city's legal authority to regulate land use it would have meant turning over our hard won independence to developers and their attorneys. I am extremely pleased, but not surprised, that the appellate court has found in our favor on this matter."

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