Griffis v. County of Mono

• Decision Date: 04 January 1985
• Citation: 163 Cal.App.3d 414,209 Cal.Rptr. 519
• Parties: John GRIFFIS, Plaintiff and Respondent, v. COUNTY OF MONO et al., Defendants and Appellants. Civ. 22341.
• Court: California Court of Appeals Court of Appeals

Page 519

209 Cal.Rptr. 519

163 Cal.App.3d 414

John GRIFFIS, Plaintiff and Respondent, v. COUNTY OF MONO et al., Defendants and Appellants.

Civ. 22341.

Court of Appeal, Third District, California.

Jan. 4, 1985.

Neil B. Van Winkle, County Counsel, Mariposa, John M. Gallagher, Deputy County Counsel, Gilchrist & Rutter, Richard I. Gilchrist, Santa Monica, and Frank Gooch III, Los Angeles, for defendants and appellants.

Michael A. Ross and David S. Baumwohl, Mammoth Lakes, for plaintiff and respondent.

SIMS, Associate Justice.

Plaintiff, John Griffis, commenced this taxpayer's suit against the County of Mono, its Board of Supervisors (Board), its Planning Commission (Commission), and a real-estate development partnership, Aspen Creek Phase II, Ltd. (Aspen Creek) to challenge the county's approval of the final map of the second phase of a subdivision. Plaintiff did not allege that any condition in the tentative remained unsatisfied or that the subdivision would cause any harm. Rather, his principal contention was that the Commission had been without legal authority to grant an extension of the tentative map nearly a year earlier. According to plaintiff, because the extension by the Commission was void, the tentative map expired before the final map was approved, so that final map approval was also void. The trial court granted plaintiff injunctive and mandamus relief effectively setting aside approval of the final map. The court also awarded plaintiff $100,000 in attorneys fees. Aspen Creek, Mono County, and its Board and Commission appeal. We conclude plaintiff's principal claims are barred by the statute of limitations set forth in Government Code Section 66499.37, ¹ a part of the Subdivision Map Act (Map Act) ( § 66410 et seq.). We further conclude plaintiff's other claims of illegality are without merit; we therefore reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Griffis is a resident and taxpayer of Mammoth Lakes, located in Mono County. He asserts no other interest in the litigation. ²

Aspen Creek is an investment partnership formed for the purpose of developing certain real property located in Mammoth Lakes.

On February 27, 1979, the Board conditionally approved Aspen Creek's tentative map of a subdivision of 180 condominium units for 18 months, until August 27, 1980.

Thereafter, Aspen Creek decided to complete a portion of the development ("Phase I") consisting of 83 condominium units with the remaining portion ("Phase II"), 97 units, to be built at a later date.

In July 1979, Aspen Creek was granted water and sewer permits for the entire development.

In August 1979 the Board approved the final map of Phase I of the development. (See § 66456.1)

On June 26, 1980, Aspen Creek's engineer requested and the Commission granted a one-year extension of the tentative map so that it would expire August 27, 1981.

On August 27, 1981, Aspen Creek's engineer requested and the Commission granted a second one-year extension of the tentative map until August 27, 1982, subject to conditions not here relevant. A deputy county counsel advised the Commission the second extension could be lawfully granted.

After the second extension was granted, Aspen Creek undertook and completed grading work on phase II. It took out a construction loan in the amount of $780,000 on which it paid loan fees of $54,000 and interest of $120,000. Aspen Creek submitted evidence showing it spent about $47,000, in addition to loan expenses, on phase II between November 25, 1981, and April 5, 1982. ³

On March 29, 1982, the same deputy county counsel who had previously advised the Commission the second map extension was lawful wrote to Aspen Creek informing it that the second extension could be unlawful because section 17.20.020 of the Mono County Code authorized a maximum extension of only one year. ⁴

On April 8, 1982, the Commission, upon recommendation of the deputy county counsel, rescinded its decision of August 27, 1981, that had granted Aspen Creek the second one-year extension of the tentative map.

The trial court found, and plaintiff agrees, that on April 13, 1982, Aspen Creek appealed the rescission decision to the Board. Aspen Creek also requested that the Board approve its final map at its next meeting on April 20, 1982.

On April 20, 1982, the Commission approved Aspen Creek's final map in a vote conducted by telephone. Later on the same day, the Board voted to deny Aspen Creek's request for final map approval and made findings that are set forth in the margin. ⁵

On June 22, 1982, the Board voted to "ratify" the Commission's August 27, 1981, grant of the tentative map extension. The Board also made findings that are set forth in full in the margin. ⁶

On June 24, 1982, the Commission approved Aspen Creek's final map in a regular meeting. On July 6, 1982, the Board approved the final map; it was recorded July 30, 1982.

On August 4, 1982, nearly a year after the second extension of the tentative map by the Commission, plaintiff filed this action as a petition for writ of mandate seeking rescission of approval of the final map, a declaration that the tentative map had expired, and an injunction enjoining further construction of the development.

On April 20, 1983, the trial court entered judgment issuing a peremptory writ of mandate directing Mono County, the Board, and the Commission to vacate the Board's "ratification" of June 22, 1982, and all approvals of the final map. The writ also commanded those defendants to revoke certain building permits. The court also enjoined all further construction on the project. Finally, the court awarded plaintiff $100,000 in attorneys fees. Defendants appeal from the judgment.

DISCUSSION

I

A

Plaintiff's principal contention in the trial court was that the Commission was without legal authority to grant the second year-long extension of the tentative map (hereafter second extension) on August 27, 1981.

In August 1981, section 17.12.070 of the Mono County Code authorized the Commission to approve or conditionally approve tentative maps. Mono County Code section 17.20.020 provided at the time: "Within eighteen months after approval or conditional approval of the tentative map or maps, the subdivider may cause the subdivision, or any part thereof, as provided in Section 17.20.170, to be surveyed and a final map to be prepared in accordance with the tentative map as approved. Upon application of the subdivider, an extension of time not exceeding one year may be granted by the governing body. Failure to record a subdivision or parcel map within the time limits shall terminate all proceedings. A new tentative map shall be required and processed as a new application before a final map can be recorded." ⁷ (Emphasis added.)

At trial, plaintiff's sole contention of illegality of the second extension was that it was in excess of the one year authorized by Mono County Code section 17.20.020, because Aspen Creek had already used up its year by the extension obtained June 26, 1980. Indeed, the duration of an extension had been the sole ground of illegality urged by the deputy county counsel when he recommended to the Commission that it rescind the extension of the tentative map granted some seven months earlier.

Defendants argue that any attack on the legality of the second extension in this action is barred by the statute of limitations set forth in section 66499.37. We agree. ⁸

Section 66499.37 provides: "Any action or proceeding to attack, review, set aside, void or annul the decision of an advisory agency, appeal board or legislative body concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within 90 days after the date of such decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations. Any such proceeding shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain and forcible entry and unlawful detainer proceedings."

Section 66499.37 required plaintiff to attack the Commission's decision within 90 days of August 27, 1981. Plaintiff's legal attack, launched nearly a year after the Commission's decision, is fatally tardy. Section 66499.37 bars plaintiff, in this action, from attacking, setting aside, voiding or annulling the second extension of the tentative map granted by the Commission. (See Kirk v. County of San Luis Obispo (1984) 156 Cal.App.3d 453, 460-461, 202 Cal.Rptr. 606; Soderling v. City of Santa Monica (1983) 142 Cal.App.3d 501, 506, 191 Cal.Rptr. 140; Camp v. Board of Supervisors (1981) 123 Cal.App.3d 334, 359, 176 Cal.Rptr. 620; Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 886, 150 Cal.Rptr. 606.) As to plaintiff, the second extension was lawfully granted. ¹⁰

B

Plaintiff also contends his lawsuit challenges the Commission's approval of the final map on June 24, 1982, so that his lawsuit, filed within 90 days of that act, is timely. To the extent plaintiff seeks to challenge the legality of the Commission's act of granting the second extension, we are unpersuaded.

Of course, the Map Act requires that a valid tentative map be in existence when a final map is approved. (See §§ 66452.6, subd. (d), 66457.) Nonetheless, we have no doubt that to permit the statute of limitations to run from final map approval, where a legal attack is made on a tentative map extension, would contravene policies underlying section 66499.37. We agree with Timberidge Enterprises, Inc. v. City of Santa Rosa, supra, that section 66499.37 manifests "a patent legislative objective that the validity of ......