Arnel Development Co. v. City of Costa Mesa

I respectfully dissent. In my view, the owner of real property is constitutionally entitled both to a proper notice and an effective opportunity to be heard before either the people or its government may change substantially the uses of the property. The majority holds otherwise. It concludes that while the grant of a zoning variance or use permit on real property is an “adjudicative” act, the amendment of an entire zoning ordinance is “legislative” in character even though that amendment affects only a very few parcels of land owned by only a very few persons. (Ante, pp. 518-519.) In so…