Legal Opinion
Neighbors in Support of Appropriate Land Use v. County of Tuolumne
California Court of Appeal
Decided December 7, 2007No. F051690PublishedCited by 24 opinions
1Opinion of the Court
Opinion
WISEMAN, J.
We begin by stating the question presented in this case. That is, can a county approve an application to devote a parcel of real property to a use disallowed by the applicable ordinance even though the county does not rezone the property to a district allowing the use, does not amend the text of the zoning ordinance to allow the use in the existing district, does not issue a conditional use permit consistent with the zoning ordinance, and does not grant a variance? We conclude that it cannot. Tuolumne County’s decision in this case to grant a parcel an ad hoc exception…
2Cases cited28 opinions
- Bixby v. PiernoCalifornia Supreme Court · 1971
- Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESCalifornia Supreme Court · 1974
- People v. WoodheadCalifornia Supreme Court · 1987
- Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976
- California Assn. of Psychology Providers v. RankCalifornia Supreme Court · 1990
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Friends of Spring St. v. Nev. City, California Court of Appeal, 5th District2019
- Galbiso v. Orosi Public Utility DistrictCalifornia Court of Appeal · 2010
- California Public Records Research, Inc. v. County of StanislausCalifornia Court of Appeal · 2016
- Harrington v. City of Davis, California Court of Appeal, 5th District2017
- West Chandler Boulevard Neighborhood Ass'n v. City of Los AngelesCalifornia Court of Appeal · 2011
19 more not listed; retrieve them via the Exa API.