Lin v. City of Gardena
Appellant Huey Mei Lin (Lin) wants to build a residence on real property she owns. Lin complains that the Building Department of respondent City of Gardena (the City) erred in treating as lapsed a demolition permit it had issued and in refusing to issue her a construction permit. Rather than appeal the Building Departments decision to the City Council, as required under the Gardena Municipal Code, Lin filed the present writ of mandate action to compel the City to issue the permits. However, she failed to exhaust her administrative remedies and does not come within the futility exception to the exhaustion doctrine. Thus, the trial court properly sustained, without leave to amend, her third amended petition for a writ of mandate. As the attorney for the City observed when the demurrer was sustained, Lin should go through the very simple step of starting over and applying for a demolition permit.
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