Travis v. County of Santa Cruz

BROWN, J., Concurring and Dissenting.

I concur with the majority’s conclusion that Steven Travis’s action challenging the validity of the conditions imposed by the County of Santa Cruz (hereafter County) on his development permit is timely and that Travis can raise a facial attack on the ordinance’s validity under Government Code section 65009, subdivision (c)(1)(E). However, although the majority disclaims any such intent, its treatment of the constitutional claims effectively puts an “expiration date” on fundamental guarantees. (See Palazzolo v. Rhode Island (2001) 533 U.S. 606 [150 L.Ed.2d…