The Legislative-Adjudicative Distinction in California Land Use Regulation: A Suggested Response to Arnel Development Co. v. City of Costa Mesa

Authors

Sara Reusch Levitan

Abstract

In Arnel Development Co. v. City of Costa Mesa, the California Supreme Court ruled that the label of a land use regulatory change determines whether it is legislative or adjudicative in character. Regardless of the size of the subject parcel or the number of landowners affected, a rezoning is legislative, while a permit or variance is adjudicative. This Comment describes California's land use regulatory system and explains the procedural consequences of the legislative-adjudicative distinction within that system after Arnel. The Comment concludes that reliance on the label of a change to determine its character results in inadequate procedural safeguards in cases of small-scale rezonings, and suggests statutory modifications of the regulatory system to afford greater procedural protections to persons whose property interests are substantially affected by rezonings.

Recommended Citation

Sara Reusch Levitan, The Legislative-Adjudicative Distinction in California Land Use Regulation: A Suggested Response to Arnel Development Co. v. City of Costa Mesa, 34 Hastings L.J. 425 (1982).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol34/iss2/4