Hunley v. George
John Hunley appeals an order denying a petition for writ of mandate. (Code Civ. Proc., 1085.) The petition sought an order directing Darrell George, the city manager of the City of Duarte, to enforce an order issued by the City of Duarte Architectural Review Board directing Hunleys neighbor, John Hardin, to comply with a City of Duarte (City) building code provision that limits the height of fences, hedges and walls on rear and side residential yards to six feet. (Duarte Mun. Code, 19.24.050, subd. (h)(3)(A).)[1]
The trial court denied the writ petition, ruling it lacked authority to order the City to prosecute a code enforcement matter. The trial court also found the evidence presented in opposition to the petition showed the wall substantially complied with the code. On appeal, Hunley contends the trial court relied on a false declaration submitted by the City to show the wall substantially complied with the code and this case does not present an issue of prosecutorial discretion but enforcement of an existing order. Court conclude the trial court properly denied Hunleys writ petition and affirm the order.
Comments on Hunley v. George