Avery v. County of Santa Clara
Preston and Lois Avery (collectively, the Averys), through their revocable family trust, are the owners of approximately 6.56 acres of real property in Santa Clara County located on the east side of Monterey Road and with a street address of 150 Kirby Avenue (Property). In November 2001, the Planning Commission of respondent County of Santa Clara (County) voted to revoke a long-existing, oft-modified, use permit relative to the Property (use permit). The Averys administrative appeal of that revocation ultimately resulted in an October 2003 decision of the County Board of Supervisors (hereafter, sometimes Board) granting the appeal but referring the matter back to the Planning Commission for further consideration of whether the use permit should be revoked, modified, or reaffirmed. The Averys filed in the superior court a combined mandate petition and complaint in January 2004 challenging the Boards decision and seeking, inter alia, damages for inverse condemnation. The trial court granted summary judgment in favor of the County and the Averys appeal from a judgment entered on that order.
On appeal, the Averys argue that the court erred in granting summary judgment because (1) their petition for writ of mandamus was properly maintainable, (2) there were triable issues of material fact supporting their inverse condemnation claim, (3) their claim for declaratory relief was not subject to summary adjudication, and (4) summary adjudication of the Averys claim for injunctive relief was improper. We conclude that there was no error by the court in granting summary judgment. Accordingly, Court affirm the judgment entered on the order granting summary judgment.
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