Legal Opinion
Dinosaur Development, Inc. v. White
California Court of Appeal
Decided December 27, 1989No. A045078PublishedCited by 45 opinions
1Opinion of the Court
Opinion
POCHÉ, Acting P. J.
The issue presented is this: If an agency of local government conditions its approval of a subdivision plan submitted by landowner A on the construction of a road from the nearest public thoroughfare to the adjacent landlocked property of landowner B, can A require B to shoulder a portion of the road’s construction costs? Our holding, which is limited to the peculiar situation presented, is that A does not have a cause of action against B for restitution.
Background
This appeal is from a judgment of dismissal entered after a general demurrer to a first amended…
2Cases cited21 opinions
- South Dakota v. DoleSupreme Court of the United States · 1987
- Ivanhoe Irrigation District v. McCrackenSupreme Court of the United States · 1958
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- Frances T. v. Village Green Owners Assn.California Supreme Court · 1986
- Blatty v. New York Times Co.California Supreme Court · 1986
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3Cited by45 opinions
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- Buckland v. Threshold Enterprises, Ltd.California Court of Appeal · 2007
- Birchwood Land Company, Inc. v. KrizanSupreme Court of Vermont · 2015
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