RECENT CALIFORNIA DECISIONS

August 2007

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First District Court Holds Two or More Properties with the Same ‘Owner in Substance’ May Be Merged if the Map Act’s Requirements Are Met
Kalway v. City of Berkeley

On May 31, 2007, the First District Court of Appeal affirmed a trial court denial of a petition for writ of administrative mandamus seeking an order compelling the City of Berkeley to set aside a decision to merge two lots owned by Maarten and Mary Kalway. The court held that the trial court properly declined to afford the Kalways any relief on their petition, as the merged properties had the same owner in substance, and the substantive and procedural requirements for merger under the Subdivision Map Act (Gov. Code, § 66410 et seq.) and the City of Berkeley Municipal Code were satisfied. The court further held that the Kalways, by attempting to avoid the salutary purposes of the act, Berkeley’s ordinances and the city’s zoning laws, violated the spirit of the Subdivision Map Act, and were therefore not entitled to relief. On a minor point in the decision, the court reversed the trial court decision insofar as it purported to cancel the grant deed conveying one of the merged parcels from Mr. Kalway to Mrs. Kalway.