Robinson v. City of Alameda

Opinion

CHANNELL, J.

Respondents Robert and Bonny Robinson obtained a peremptory writ of mandate compelling appellant City of Alameda to rescind a notice of violation recorded against property owned by real parties in interest Orín and Martha Dalaba. The city appeals, contending that (1) the real property was subdivided in circumvention of the Subdivision Map Act; (2) the writ of mandate is not the correct remedy; and (3) the Robin-sons did not exhaust their administrative remedies. We affirm the judgment.

I. Facts

In 1977, respondents Robert and Bonny Robinson owned two parcels of land in Alameda, at 1032 and 1036 Regent Street. They continue to occupy the residence at 1032 Regent Street. In December 1980, they sold the 1036 Regent Street property to David Webster, subject to the terms of a written agreement providing that the Robinsons could continue to use the rear portion of the lot. This agreement was to remain in effect until either the Robinsons sold their home at 1032 Regent Street or until both of the Robinsons died. In March 1984, Webster sold the 1036 Regent Street property to Orin and Martha Dalaba, subject to the terms of the Robinson-

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Webster agreement. At some point, the Dalabas filed a quiet title action against the Robinsons.

In August 1986, the city, through its city engineer, served a notice of violation of the city’s subdivision ordinance. The notice alleged that the effect of the Robinson-Webster agreement was to subdivide the Dalabas’ property. At a hearing on the notice of violation, the Dalabas’ attorney was present but did not contest the city’s action.

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The Robinsons, who stood to lose the use of the rear portion of the Dalabas’ property as a result of the notice of violation, did object. Nevertheless, the city engineer, having consulted with the city attorney, found that the city’s subdivision ordinance had been violated. The city ruled that the Robinson-Webster agreement constituted a lease, rendering the Robinsons’ use of the Dalabas’ property a subdivision. The notice of violation was recorded on August 26, 1986.