California Court of Appeal

In an appeal involving a $500 county code enforcement fine, denial of a petition for writ of mandate is affirmed where: 1) under Government Code section 53069.4(b)(1) one can challenge a final administrative decision either by a petition for writ of mandate or by a de novo appeal to the superior court; 2) neither federal Fish and Wildlife regulations nor Federal Emergency Management Administration regulations preempted county's requirement of a grading permit; and 3) no emergency exempted plaintiff from the grading permit requirement.

Appellate Information

• Decided 09/19/2008
• Published 09/19/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ackerman, Cowles & Lindsley, Stephen A. Lindsley, Temecula, and Michael W. Sands, Jr., for Plaintiff and Appellant.


• For Appellees:
  
• Joe S. Rank, County Counsel, Pamela J. Walls, Assistant County Counsel, and Bruce G. Fordon, Deputy County Counsel, for Defendants and Respondents.