Recent published appellate case

[steffan]

Creation of legal lot considerations. Interesting read on new twist regarding antiquated subdivisions, divisions of less than 5 lots, and March 4, 1972.

[Edward M Reading]

Wow, this is huge.

[Warren Smith]

It certainly puts the interpretation of Gardner in a new light.

[steffan]

Will be following to see if appealed.

Certainly does revise and complicate the litmus test for determining legal lot status.

[Warren Smith]

It was well reasoned and spoke to issues not specifically raised in Gardner.
If it is appealed, the Supremes may either expand on its ruling, or accept it for purposes of stare decisis.

[D Ryan]

It looks like it came down pretty heavily on the City's assertion; [because lot 18
was never separately conveyed as a single lot, it was never “lawfully
‘established’ ” as a subdivided lot]. That sure seems like a mistake in trying to win the case.
Well, in 20/20 hindsight at least.

It's interesting that they took this approach after [the city changed course and now asserted
lot 18 “was never lawfully created” because it was depicted on an “antiquated
subdivision map” and had not been conveyed as a “separate” lot]. They gave up on the
merger argument. I guess they couldn't have it both ways, arguing that lots were merged
that they also assert never even existed separately.

There's a lot to digest here. I have to concede, I scanned it, but want to go back and read it
more slowly with all the primary citations open in another window.

Dave Ryan,
Arcata

[Mike Mueller]

This is awesome! I have often wished that the Gardner case hadn't occurred, since it always seemed like the wrong case to champion in an effort to support Certificates of Compliance (in my not a legal opinion, opinion). Garden was clearly against common sense, whereas Crescent Trust seems to be a wonderful vindication of common sense.

Hope it goes higher and is locked in by the Supremes.

Mikey Mueller, PLS 9076
Sonoma County

[LS_8750]

Looks like we'll see an uptick in certificates of compliance. I can think of several areas locally.

[LS_8750]

Here is an analysis:

https://blog.aklandlaw.com/2023/05/arti ... nsactions/