Tartre v. City of Poway
Appellants Lee Tartre and Diane Armstrong appeal from a judgment denying their request for issuance of peremptory writs of administrative mandate, traditional mandate and prohibition, as well as injunctive and declaratory relief against respondents City of Poway and the Poway City Council (collectively City). Appellants are property owners who extended chain link fencing across a natural creek bed on their properties and sought a determination that they were not required to submit an engineering study to City or apply for and obtain a floodplain development permit to extend their fencing. The trial court denied appellants' motion on grounds they had not met a "prerequisite" to any such relief in the form of denial of the permit under the Poway Municipal Code.
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