Nadler
Nadler v. California Veterans Board
Opinion
Opinion
Sparks, J.
In this appeal we are called upon to determine whether the Department of Veteran Affairs (Department) may cancel a Cal-Vet home purchase contract when it discovers that the veteran purchaser utilizes the property as a secondary or “get-away” home rather than as a principal place of residence. We hold that it may, and shall affirm the judgment of the trial court denying Alvin B. Nadler’s petition for a writ of administrative mandate directed against the California Veterans Board (Board).
The Cal-Vet Program
The Cal-Vet program was summarized in our recent decision in Department of Veterans Affairs v. Duerksen (1982) 138 Cal.App.3d 149 , at pages 151 and 152 [ 187 Cal.Rptr. 832 ] as follows: “The Veterans’ Farm and Home Purchase Act of 1974 (Act) (Mil. & Vet. Code, § 987.50 et seq.) was enacted ‘to provide veterans with the opportunity to acquire farms and homes.’ (§ 987.51.) Under the Act, the Department is empowered to buy farms and homes from their owners and sell the properties back to eligible veterans under long-term installment contracts at a low rate of interest. [Fn. omitted.] Since the sale is by installments (§§ 987.69, 987.71), the Department retains legal…