legal news


Register | Forgot Password

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.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale