Sunsent Skyranch Pilots v. Co. of Sacramento 7/2/08 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C055224

Case Date: 10/01/2008

Preview:Filed 7/2/08

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

SUNSET SKYRANCH PILOTS ASSOCIATION, et al., Plaintiffs and Appellants, v. COUNTY OF SACRAMENTO, et al., Defendants and Respondents; JOHN M. TAYLOR, et al., Real Parties in Interest and Respondents. C055224 (Super. Ct. No. 06CS00265)

APPEAL from a judgment of the Superior Court of Sacramento County, Jack Sapunor, J. Affirmed in part and reversed in part. Law Office of Lanny T. Winberry and Lanny T. Winberry for Plaintiffs and Appellants.

Pursuant to California Rules of Court, rule 8.1110, this

opinion is certified for publication with the exception of parts IV and V of the Discussion. 1

Robert A. Ryan, County Counsel, and Krista C. Whitman, Deputy County Counsel, for Defendants and Respondents. Taylor & Wiley, John M. Taylor, Kate Leary Wheatley and Matthew S. Keasling for Real Parties in Interest and Respondents.

This appeal challenges a county's zoning decision to deny renewal of a conditional use permit (CUP) needed for continued operation of a privately-owned, public-use airport--the Sunset Skyranch Airport. Appellants Sunset Skyranch Pilots Association

and Daniel Lang (collectively, the Airport) appeal from a judgment denying their petition for writ of mandate and complaint for injunctive relief and monetary damages, against the County of Sacramento and its Board of Supervisors (collectively, the County). Real parties in interest, John

Taylor and Taylor and Wiley, represent property owners developing properties north of the Airport and are aligned with the County as respondents in this appeal. The Airport contends the County's denial of the CUP renewal (which was upheld by the trial court on the ground the Airport was hindering acquisition of a site for construction of an elementary school) was preempted by the State Aeronautics Act (Pub. Util. Code,

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