Perkins Coie California Land Use & Development Law Report – If At First You Succeed, Don’t Try, Try, Try Again

The California Land Use & Development Law Report
Legal Commentary on Planning and Development

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If At First You Succeed, Don’t Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_StanislausNo. F069145 (Fifth Dist., June 3, 2015). (Honchariw III)

This is the third published decision arising from denial of plaintiff Honchariw’s nine-lot subdivision. Honchariw won the first case (Honchariw I), obtaining a ruling invalidating the denial of his map for failure to make certain findings specified in the Housing Accountability Act, Government Code section 65589.5(j). (See our Nov. 18, 2011 Update). The Board of Supervisors subsequently approved the subdivision.
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