Gonzalez

Appellants Margarito Gonzalez and Ronnie Castillo appeal from an order sustaining, without leave to amend, a demurrer to their petition for administrative mandamus. The trial court agreed with respondents County of Tulare, Tulare County Board of Supervisors and Tulare County Planning Commission that although appellants had timely filed their mandate petition they had not timely served it. The mandamus proceeding followed appellants’ unsuccessful objections to the issuance of conditional use permits and the enactment of a zoning ordinance pertaining to certain real property in the Cutler-Orosi area. This appeal raises questions concerning several time limits found in California’s Planning and Zoning Law, Government Code section 65000 et seq. We will affirm.

Statement of Case

At all times relevant here, real party in interest Borba-Mikaelian, Inc. (Borba) owned 9.1- and 4.48-acre parcels of property located on opposite sides of Road 124, south of Avenue 413, in Orosi. Since the early 1980’s, Borba had operated a swap meet on a portion of the 9.1-acre parcel and a parking lot on the smaller parcel across the street. The larger of the two parcels was zoned M-l (light…