Scott v. City of Indian Wells

Opinion

PETERS, J.

Plaintiffs Mary Lou and Albert Scott filed an action on behalf of themselves and other similarly situated landowners against the City of Indian Wells, California, seeking a declaratory judgment voiding the city’s grant of a conditional use permit to construct a large planned development on land lying just within the city limits. Plaintiffs and the class they represent own neighboring land lying just outside the city limits. A demurrer to plaintiffs’ first amended complaint was sustained without leave to amend, and plaintiffs have appealed from the ensuing judgment.

The…