Supreme Court grants review in Orange Citizens

On October 20, 2013, the California Supreme Court granted review of Orange Citizens for Parks & Recreation v. Superior Court (2013) 217 Cal.App.4th 1005. The opinion has therefore been depublished (Orange Citizens for Parks & Rec. v. Superior Court (Oct. 30, 2013) 2013 Cal. LEXIS 8768) and is no longer citable precedent.   The case involves a dispute over the interpretation of a city’s land use plan, and the degree of deference owed to a city in interpreting conflicting provisions of the city’s general plan.

The petitioner argued in its appeal that the decision below “turns California planning law upside-down” by holding that a land use designation in a city’s recently-adopted general plan can be trumped by a designation set forth in a resolution 40 years earlier.

In accepting review, the Court narrowed the scope of the review to the following issue: Is the proposed development project of low density housing at issue in this case consistent with the city’s general plan?