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Article: Landowner may challenge Morgan Hill growth control: sunset date extension opens new legal avenue, court rules.
- Article from:
- California Planning & Development Report
- Article date:
- February 1, 2009
- Author:
CopyrightCOPYRIGHT 2009 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A state appellate court has cleared the way for a property owner to challenge an extension of a Morgan Hill growth control ordinance. The court ruled that the 10-year extension of an ordinance that was scheduled to sunset in 2010 could be contested even if the ordinance was unchanged from the original.
Importantly, the Sixth District Court of Appeal refused to apply the federal court precedent from De Anza Properties X, Ltd. v. County of Santa Cruz, 936 F. 2d 1084 (1991), in which the Ninth Circuit Court of Appeals ruled that a property owner could not challenge the county's decision to delete a sunset provision in a mobile home rent control ordinance. The Ninth ...