RECENT CALIFORNIA DECISIONS

November 2008

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First District Court Holds Williamson Act Contract Is Subject to Subsequently Adopted County Guidelines
County of Humboldt v. McKee, ____Cal.App.4th____

In 2000, defendant Robert McKee (McKee) purchased over 13,000 acres of land in the County of Humboldt subject to a 1977 Williamson Act contract and subsequent renewals. McKee divided and sold parcels that did not meet minimum size requirements established in county regulations adopted subsequent to the effective date of the contract. The county sued McKee for violation of the Williamson Act (Gov. Code § 51200 et seq.), violation of the Subdivision Map Act (Gov. Code § 66410 et seq.), breach of contract, nuisance, and violation of the Unfair Competition Act (Bus. & Prof. Code § 17200 et seq.) The trial court ruled in favor of McKee and the Court of Appeal reversed, holding that subsequent to the adoption of the 1978 Guidelines, the new contract created with each renewal incorporated the 1978 Guidelines.