My city recently passed a zone amendment to allow a specific type of business to operate. Do I have any way to stop that business from opening at this point?
2 Answers from Attorneys
This is not a legal question but a political one. A writ of administrative mandamus filed in the Superior Court with jurisdiction can review the procedures used to adopt the zoning law change whether it is a conditional use permit or more extensive amendment to the zoning laws. However, the potential result would send the issue back to the city council to correct any defect so unless you have the votes in the council to defeat the measure if remanded it is futile and expensive to pursue.
That is what lawsuits, writs and restraining orders are for. You can try if you are willing to invest the fees and costs of taking such action, and if you have a valid basis for your claims. If serious about pursuing this, feel free to contact me.
Related Questions & Answers
What is a grantor trust? does a living trust require a social security number? Asked 8/13/13, 3:34 pm in United States California Administrative Law
How should I go about making a person now in the philippines pay back a loan? ? Lein... Asked 8/13/13, 1:02 am in United States California Administrative Law
My wife has dementia,what steps must I take to make all of the discisions, paying... Asked 7/29/13, 12:39 pm in United States California Administrative Law
What is the time limitations for filing a "Writ of Mandamus" after the... Asked 7/18/13, 4:51 pm in United States California Administrative Law
On filing a civil complaint for false imprisonment by the State of California … do I... Asked 7/18/13, 3:29 pm in United States California Administrative Law