Guinnane

Guinnane v. San Francisco City Planning Commission

Good Law
1989 Cal. App. LEXIS 377·209 Cal. App. 3d 732·257 Cal. Rptr. 742
Court of Appeal of CaliforniaMarch 23, 1989A040760California3,828 words

Opinion

Opinion

Racanelli, J.

In this administrative mandamus proceeding, plaintiff and appellant challenges the underlying decisions of defendants and respondents San Francisco City Planning Commission and Board of Permit

Appeals denying a building permit to construct a four-story, six thousand square-foot house with five bedrooms, five baths, and parking for two cars. We affirm for the reasons which we explain.

Procedural History

This is the second occasion in which plaintiff Roy Guinnane has appeared before this court concerning the subject property. In the earlier action prosecuted under a theory of inverse condemnation, we upheld the summary judgment granted in favor of the City and County of San Francisco. (Guinnane v. City and County of San Francisco (1987) 197 Cal.App.3d 862 [ 241 Cal.Rptr. 787 ], cert. den. 488 U.S. 823 [ 102 L.Ed.2d 47 , 109 S.Ct. 70 ] [Guinnane I].) We there noted that plaintiff’s claim was premature and, in a footnote, suggested that his appropriate remedy for denial of the requested building permit was an administrative mandamus action. ( 197 Cal.App.3d at p. 868, fn. 4 .) It is from denial of a petition for administrative relief that this appeal has…

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