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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I understand that the land company statements are useless

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I understand that the land company statements are useless but the Land Code states "long-term camping in a recreational vehicle is restricted. Use of a recreational vehicle or other camping shelter for longer than a total of 14 days during any consecutive three months on the same parcel shall requires long-term camping permit, which may be obtained from the Planning Department." Can they refuse to issue the permit without a reason?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

No, a government agency cannot refuse to issue a permit (or take some other action) without a reason (this is considered "arbitrary and capricious" or "selective" enforcement, and is improper).

This falls into the field of "administrative law" where there are going to be copious amounts of paperwork and criteria laid out, much of which is not going to be very easily digested.
You can ask the planning department specifically for the criteria associated with issuing these camping permits (at any time), and if your permit application is denied, you will want to ensure that you also request a copy of their "administrative appeals process" - each administrative agency has their own appeals process, it changes slightly from one to the next, but it generally follows the same path: an initial decision, if adverse to the applicant, the applicant submits a written appeal, the appeal is reviewed (usually by a supervisor), if denied again, the applicant submits a second written appeal - this one is reviewed (sometimes after an oral hearing, usually by a panel or a department head); if that is denied, the applicant can then appeal to an elected body (such as a county board of supervisors, almost always with an oral component). If this is denied, the applicant can petition the court - the court will review the appeals process to determine whether or not the review system was followed fairly (they don't review what the actual decision is as much as they are ensuring the procedure was proper). Keep in mind, this is representative only, you must get the copy of your agency appeal process that you are dealing with - and keep track of deadlines (most appeals are lost simply because the aplicant misses a deadline).

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