Decea v. County of VenturaAnnotate this Case
After unsuccessful attempts to subdivide his property, appellant petitioned for exclusion under the Subdivision Map Act, Government Code section 66410 et seq., seeking orders declaring the 1974 parcel map void and restoration of the historical lot lines.
The Court of Appeal affirmed the trial court's dismissal of the petition based on the doctrine of laches and entry of judgment without reaching appellant's legal arguments. The court held that the doctrine of latches applies to petitions for exclusion, and that substantial evidence supports the trial court's laches ruling. In this case, the trial court found the County's determination, that a prior landowner that commissioned the creation of the 1974 map missed an opportunity to correct the map's flaws, more persuasive. The trial court noted that it would be patently unfair to rely upon indirect evidence that is subject to conflicting reasonable interpretations when direct evidence was once available and could have been provided in the absence of needless delay. Thus, the court concluded that the time to address the map's purported errors passed 35 years ago, and it would be inequitable to awaken the issues now.