Peeling v. Harris CA4/1
After the Planning Commission of the City of San Diego (Planning Commission) approved the project, the local community planning board, Peninsula Community Planning Board (PCPB), appealed to the City Council of San Diego (City Council). The City Council granted the appeal and overturned the Planning Commission's decision. The superior court denied the property owner, Mark Peeling, mandamus relief and entered summary judgment in favor of the City of San Diego (City) and former Councilmember Ed Harris on Peeling's inverse condemnation claim.
On appeal, Peeling contends (1) PCPB did not have standing to appeal approval of the project to the City Council, (2) the hearing before the City Council was untimely, and (3) the court should not have granted summary judgment because the inverse condemnation cause of action is ripe for judicial review. We disagree with each of these contentions and affirm the judgment.
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