Ruling Affirms Cities’ Right to Control Growth

Simi Valley and other Southern California cities have a right to control growth in their communities, a state appellate court has affirmed.

The 2nd District Court of Appeal in Ventura on Friday rejected a developer’s lawsuit alleging that Simi Valley’s land-use regulations were discriminatory.

The suit was filed nearly two years ago by Long Beach Equities Inc. against Simi Valley and Ventura County. The company had proposed building 249 luxury homes inside the city’s sphere of influence and sued in an attempt to exempt the project from the Simi Valley growth law.

The company contended that the law--which limits the number of city-issued building permits to 172 a year--allows the city to take property from a developer without compensation.

The developer’s attorney, Karen Lee, could not be reached for comment Saturday.

In the past, Lee has said that Long Beach Equities Inc. should not be bound by the city’s growth law because the city had told the company before it bought the property that it was scheduled for residential development. If the company is not allowed to build, it should be reimbursed for its losses, she said.

Some authorities had feared the case could set a precedent prohibiting cities from controlling development inside their spheres of influence, the land designated for annexation by a city and often included in the city’s general plan.

“Had this case gone to completion, the concept of zoning in California would have been literally destroyed,” Simi Valley Mayor Greg Stratton said. “Basically, they were attacking the right of a city to zone property.”

Before Friday’s ruling, more than 100 California cities signed a petition to be presented to the appeals court.