California Court of Appeal

In plaintiff's challenge to defendant-county for its approval of 14 conditional use permits sought by respondent-real party interest to erect billboards, judgment of dismissal in favor of defendant-county is reversed where: 1) the trial court erred in dismissing the fourth cause of action for administrative mandamus under Code of Civil Procedure section 1094.5; 2) the expedited judicial review provided by section 1094.8 was available only when the license applicant or the issuing public agency filed an action challenging the grant or denial of a license for expressive conduct, not when a third party did so; and 3) the court disagreed with respondent's main alternate ground for dismissal that plaintiff must wait to challenge the Board's rezoning actions and permitting of the billboards.

Appellate Information

• Decided 01/22/2009
• Published 01/22/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sabine and Morrison, Randal R. Morrison, San Diego, for Plaintiff and Appellant.


• For Appellees:
  
• No appearance for Defendants and Respondents., Gary S. Mobley, Irvine, for Real Party in Interest and Respondent.