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Legal Opinion

Fishback v. County of Ventura

California Court of Appeal

Decided October 26, 2005No. B177462PublishedCited by 13 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

What is a legal subdivision according to the Subdivision Map Act (SMA) as it existed in the 1930’s and 1940’s? The answer to this esoteric question has profound consequences today.

The SMA defined a subdivision as a division of land into five or more parcels in any one-year period. We conclude that on the creation of a fifth parcel within a one-year period, the previous four parcels created during that same one-year period are a subdivision. We also conclude that lands retained by the subdivider are parcels within the definition of a subdivision. We affirm.

FACTS

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2Cases cited6 opinions

  1. Travis v. County of Santa CruzCalifornia Supreme Court · 2004
  2. Gardner v. County of SonomaCalifornia Supreme Court · 2003
  3. Hunt v. County of ShastaCalifornia Court of Appeal · 1990
  4. Botello v. Shell Oil Co.California Court of Appeal · 1991
  5. Pescosolido v. SmithCalifornia Court of Appeal · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. County of Sonoma v. Superior CourtCalifornia Court of Appeal · 2010
  2. Sanchez v. State of CaliforniaCalifornia Court of Appeal · 2009
  3. Witt Home Ranch, Inc. v. County of SonomaCalifornia Court of Appeal · 2008
  4. Aiuto v. City & County of San FranciscoCalifornia Court of Appeal · 2011
  5. Abernathy Valley, Inc. v. County of SolanoCalifornia Court of Appeal · 2009

8 more not listed; retrieve them via the Exa API.

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