Johnson v. City of Homedale

BURNETT, Judge. *

This case involves a dispute over the issuance of a special use permit. The primary issue on appeal is whether the permit should have been denied on the ground that the application for the permit did not contain a narrative statement and concept plan, as required by municipal ordinance, at the time it was submitted. For reasons discussed below, we vacate the district court judgment and remand for additional factual findings. We will briefly address other issues raised, for guidance on remand.

The facts are as follows. In November, 1987, the South Board of Control, an…