Legal Question in Administrative Law in California

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?

Asked on 8/15/13, 10:38 pm

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law
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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.

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Answered on 8/16/13, 11:53 am
Terry A. Nelson Nelson & Lawless
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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.

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Answered on 8/16/13, 11:27 pm


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