Morgan

The County of San Diego and James J. Gilshian, its Director of Building Inspection, appeal from a judgment requiring them to renew a mobilehome park construction permit for six months. The permit was originally issued to the petitioners, John B. Morgan and John W. Gardner, Jr., but was not renewed.

The County concedes there is no substantial disagreement about the facts and also concedes the findings are supported by the evidence. It argues, as a matter of law, the findings do not support the conclusions of arbitrariness and abuse of discretion of the building inspection director.

In December 1969, Morgan and Gardner owned undeveloped property in Lakeside in San Diego County, on which they planned to build a mobile-home park. On December 26, 1969, they received a permit from, the County which, unless renewed, would expire six months later. The permit cost $5,493.

After December 30, 1969, the county zoning ordinance required all those who obtained permits before that date to begin “actual construction” within 60 days or the permit would be automatically cancelled. About February 10, 1970, in order to comply with this new requirement of the ordinance Morgan and Gardner…