Summary: Monday, August 10, 2015 In California, the trial courts are called “Superior” courts. A Superior Court, or trial court, decision only affects those parties directly involved in the litigation. Appellate court decisions, however, if they are published (and not all of them are) can establish a precedent that has a more general impact. In effect, appellate court decisions (and decisions of the Supreme Court, too) have the same kind of impact as legislation. The decisions state rules that other courts are bound to follow in similar cases. If you happen to be a mobilehome park resident, worried that you may be ousted from your mobilehome by the conversion of the park from a rental park to an ownership park, a recent decision of the Second District Court of Appeal is good news. In Carson Harbor Village v. City of Carson the court held that the General Plan policies of the City of Carson trumped the desire of the mobilehome park owners to convert their park, which would probably have displaced many lower income tenants. This decision strongly affirms what I have often said about the local community General Plan. Here’s the court speaking: Cities must have general plans governing development, including the protection of open space, and must also deny proposed subdivisions that are inconsistent with their general plans. Check out this very important court decision at kusp.org/landuse. Land Use Links Gary Patton’s Two Worlds Blog Carson Harbor Village v. City of Carson Court Opinions Website
