Legal Digest: Always Sue The Right Agency!
- William Fulton
- Nov 7, 2017
- 2 min read
A property owner who claimed that the San Diego County Airport Land Use Compatibility Plan resulted in a taking of property sued the wrong agencies, the Fourth District Court of Appeal has ruled. The property owner obtained permits from the City of Carlsbad to build a project near Palomar Airport, but did not construct the project before those permits expired. Meanwhile, the San Diego Airport Authority – serving as the Airport Land Use Commission – changed the ALUCP in such a way that Carlsbad denied the project a second time around. The landowners sued the Airport Authority and San Diego County – but not Carlsbad, which had permitting authority.