Disney

Disney v. City of Concord

Good Law
124 Cal. Rptr. 3d 58·194 Cal. App. 4th 1410·2011 Cal. App. LEXIS 520
Court of Appeal of CaliforniaApril 5, 2011No. A129094California2,370 words

Opinion

Lead Opinion

Marchiano, J.

The City of Concord, after considerable debate, adopted an ordinance amending its rules for storage of recreational vehicles on residential property. Attorney in propria persona James H. Disney (Disney) sued the City of Concord and the members of its city council (collectively, Concord) to have the ordinance declared unconstitutional, and to enjoin its enforcement. The trial court granted Concord’s motion for judgment on the pleadings. We conclude that Disney’s arguments against the ordinance lack merit, and affirm the judgment for Concord.

I. BACKGROUND

Concord has regulated storage of trailers and boats on front yards since at least 1964. A 1992 ordinance restricting storage and parking of recreational vehicles in residential yards and driveways was codified as section 122-744 *1413 of the Concord Municipal Code and remained on the books until 2008. The ordinance provided, among other things, that a recreational vehicle could not be stored on a driveway or in a front yard, or in a side yard except behind an opaque fence, or in an interior side yard if it encroached into a required setback area. Concord stopped enforcing the ordinance in 1994, and allowed motor homes,…

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