Fabricante Development v. City of Oxnard
Appellant Fabricante purchased residential property in the City of Oxnard's business district. The residential use predated a change in zoning, thus the city allowed the residential use to continue, subject to the terms of the city's nonconforming use ordinance. Appellant applied for permits to repair the property. The city did not act on the permits and Fabricante filed a petition for writ of mandate and a complaint for declaratory relief and inverse condemnation. The city issued a letter denying the permits and informing Fabricante that the property no longer had nonconforming use status. Fabricante subsequently lost the property through foreclosure. It dismissed its writ petition, but proceeded against the city on the remaining causes of action. The city moved for summary judgment and demurred to a recently added cause of action under 42 United States Code section 1983 (hereafter 42 U.S.C. 1983). The trial court granted the city's motion for summary judgment and sustained its demurrer without leave to amend. Court affirm.
Comments on Fabricante Development v. City of Oxnard