(DOWNLOAD) "Burger v. Pond" by Fourth Appellate District, Division Two Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Burger v. Pond
- Author : Fourth Appellate District, Division Two Court of Appeal of California
- Release Date : January 04, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The City of Santee (City) and six of its employees seek extraordinary relief after the trial court denied their motion for summary judgment and summary adjudication of specific issues. They challenge an action by J.M.R. Company (J.M.R.) for fraud and declaratory and injunctive relief regarding a dispute arising after the City issued a development review permit with certain conditions which, when they were not met, resulted in the revocation of occupancy permits for newly built units within an industrial complex, Prospect Center. The City contends the trial court erred in denying the motion for summary judgment, because J.M.R.s failure to timely seek administrative mandate to review the land use determination rendered that decision final and res judicata barred further litigation. Moreover, the City asserts it and its employees are absolutely immune under the California Tort Claims Act (Gov. Code, §§ 818.4, 818.8 & 822.2).