RECENT CALIFORNIA DECISIONS

November 2004

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First District Court Sets Forth Rules of Merger Pursuant to the Subdivision Map Act
Moores, et al. v. Board of Supervisors of Mendocino County, ___Cal.App.4th___

In a recent decision, the First District Court of Appeal undertook review of a Subdivision Map Act (Map Act) issue as it relates to a claim that local agencies may not enforce their “automatic merger” ordinances if those ordinances failed to comply with later-enacted Map Act provisions. Affirming the trial court’s ruling in favor of a local agency, the Court of Appeal held that by sending a form letter pursuant to Government Code § 66451.302, Mendocino County was able to preserve the automatic merger of parcels even though Map Act notice was not provided to the parcel owners.