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City of Del Mar v. City of San Diego
Court of Appeal for the Fourth District of California
133 Cal. App. 3d 401 (1982)
In 1979, the City of San Diego (San Diego) (defendant) approved the creation of a community called North City West in an agricultural area that was approximately 20 miles from downtown San Diego. North City West was expected to house 40,000 residents after completion. The planning for North City West prior to approval had taken 12 years, and the development itself was scheduled in nine phases, to be completed around the year 2000. The City of Del Mar (Del Mar) (plaintiff) challenged San Diego’s approval of North City West as an improper exercise of San Diego’s police power and sought a writ of mandate and declaratory relief. Del Mar argued that San Diego had failed to mitigate the costs of development to the environment of North City West. Del Mar further argued that North City West’s benefits were inadequate, because those benefits did not include sufficient low and moderate-income housing. San Diego presented evidence that the north county’s population would be 26,000 persons less if North City West was built and that, if North City West was not built, the north county would suffer adverse regional impacts from the additional 26,000 persons. The trial court denied the writ of mandate and declaratory relief, and Del Mar appealed.
Rule of Law
Holding and Reasoning (Wiener, J.)
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