The City Of Half Moon Bay Faces Disincorporation After Land Use Judgment

This article in The San Francisco Chronicle is an absolute must read for anyone following land use decisions in California. The City of Half Moon Bay is facing disincorporation as it tries to find ways to pay a multi-million dollar judgement handed out as a result of a disagreement with a developer.

The case has been called a harbinger of things to come as the developer railed against the city for years and alleges the city sought to block development of his land by claiming the property is on a wetland. The problem is the wetland only became one after a city pipeline ruptured and created an artificial basin for the water run-off. No city surveying records or government documents record the land being wetlands prior to the pipeline break and resulting runoff.

Developers, often feeling they find themselves on the wrong side of court decisions - especially as they regard environmentally sensitive areas -  are hailing this as a sign that the courts are finally recognizing that cities have "taken things too far". For its part, the city of Half Moon Bay has been slapped with a $38 million fine.

Ouch.