Legal Opinion
Avenida San Juan Partnership v. City of San Clemente
California Court of Appeal
Decided December 14, 2011No. Nos. G043479, G043534PublishedCited by 10 opinions
1Opinion of the Court
Opinion
RYLAARSDAM, Acting P. J.
The City of San Clemente (the City) appeals from a conditional judgment in favor of Avenida San Juan Partnership (the owners). The City imposed an “RVL” or “residential, very low” set of land use restrictions on an undeveloped 2.85-acre parcel in the middle of a residential tract otherwise zoned “Residential, Low Density Zone.” The RVL designation limits parcels to one dwelling per 20 acres. Residential, low (RL) by contrast, allows at least four dwellings per acre. There were two phases of trial. In phase one, the trial court concluded the restrictions…
2Cases cited43 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
- Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
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3Cited by10 opinions
- South of Mkt. Cmty. Action Network v. City and County of San Francisco, California Court of Appeal, 5th District2019
- Foothill Communities Coalition v. County of OrangeCalifornia Court of Appeal · 2014
- Walent v. Commission on Professional Competence of the Los Angeles Unified School DistrictCalifornia Court of Appeal · 2017
- California Clean Energy Committee v. County of Placer CA3California Court of Appeal · 2015
- Citizens Coal. L. A. v. City of L. A., California Court of Appeal, 5th District2018
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