Property developer brought action against city, seeking declaratory judgment that city’s public utility decision requiring developer to construct 12-inch water main to supply water to property violated applicable law, and seeking an injunction requiring city to activate existing water main.
The Superior Court granted summary judgment to city, and denied developer’s motion for reconsideration, finding the action untimely under Land Use Petition Act’s (LUPA) statute of limitations. Developer appealed.
Decision by city public utilities regarding property developer’s request to access city’s water system was not a “land use decision” subject to judicial review under Land Use Petition Act (LUPA); city decision requiring developer to construct 12-inch water main to serve property was not “an interpretive or declaratory decision” regarding the law that applied to developer’s request to access water system