Legal Opinion

Arcadia Development Co. v. City of Morgan Hill

California Court of Appeal

Decided August 5, 2011No. H035519PublishedCited by 14 opinions

1Opinion of the Court

Opinion

PREMO, J.

I. Introduction

Plaintiff Arcadia Development Company (Arcadia) is the owner of an undeveloped 69-acre parcel of land annexed by defendant City of Morgan Hill (City) in 1990. Under City’s general plan the Arcadia property is zoned R-1 (7000), which allows single-family residential developments on lots as small as 7,000 square feet. Notwithstanding its general plan designation, the Arcadia property is limited by a City ordinance known as the “Density Restriction” to 20-acre lots. The Density Restriction applies only to the Arcadia property and to no other property within City’s…

2Cases cited21 opinions

  1. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  2. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  3. Gregory v. AshcroftSupreme Court of the United States · 1991
  4. Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976
  5. Wilkins v. City of San BernardinoCalifornia Supreme Court · 1946

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3Cited by14 opinions

  1. 420 Caregivers, LLC v. City of Los AngelesCalifornia Court of Appeal · 2012
  2. Avenida San Juan Partnership v. City of San ClementeCalifornia Court of Appeal · 2011
  3. Griffith v. City of Santa CruzCalifornia Court of Appeal · 2012
  4. Foothill Communities Coalition v. County of OrangeCalifornia Court of Appeal · 2014
  5. Sacramentans for Fair Planning v. City of Sacramento, California Court of Appeal, 5th District2019

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