Mikaelian v. City of Goleta
Appellant Hersel Mikaelian purchased land in Santa Barbara County. He subdivided the land while the property was subject to the authority of the County of Santa Barbara. Before he could complete development of the property, the area was incorporated as part of the new City of Goleta (City). He complains that the City wrongfully denied his various applications for land use permits and imposed building restrictions in violation of state and federal due process and equal protection rights. He contends these actions were motivated by the personal animus of the City's mayor based, in part, on his ethnicity. Finally, he contends that as a result of the City's intentional conduct, he suffered emotional distress.
The trial court sustained the City's demurrer to the constitutional and negligent infliction of emotional distress claims in the second amended complaint without leave to amend. The demurrer to the intentional infliction of emotional distress claim was sustained with leave to amend. Court affirm.
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