Erwin v. Calaveras County Bd. of Supervisors
Plaintiff Bernice Erwin filed a petition for writ of administrative mandamus against defendants Calaveras County Board of Supervisors, Planning Commission, Planner Debra Lewis, and Department of Public Works (sometimes collectively referred to as defendants) alleging they violated her constitutional rights when they issued a notice of violation against a parcel of land she purportedly acquired by gift deed (parcel 29) in 1984, and thereafter conditioned approval of her tentative parcel map on completion of improvements to roads accessing the property (Condition II-1) in 1995.
Defendants demurred, arguing plaintiff’s claims were barred by the applicable statute of limitations, and by principles of res judicata and collateral estoppel, as the issues essential to her claims were previously decided against her in two prior federal actions she filed against the same parties. The trial court sustained the demurrer without leave to amend and dismissed the lawsuit.
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