Pfeiffer v. City of La Mesa

Opinion

AULT, J. *

Assuming a municipality imposes invalid conditions in a building permit, this case presents the issue of whether a landowner can comply with a condition “under protest,” construct the required improvement, and then maintain an action in inverse condemnation to recover his costs. We conclude, as did the trial judge, he cannot, and that the proper method to test the validity of conditions in a building permit is a proceeding in mandamus under Code of Civil Procedure section 1094.5.

Plaintiffs Pfeiffer, the owners of improved real property located in the City of La Mesa, appeal…