Clary

Clary v. City of Crescent City

Good Law
11 Cal. App. 5th 274·2017 Cal. App. LEXIS 397·217 Cal. Rptr. 3d 629·2017 WL 1735895
Court of Appeal of CaliforniaMarch 30, 2017No. A143684California12,180 words

Opinion

lead Opinion

Stewart, J.

Diehl, while a resident of Washington State, owned eight vacant lots in the City of Crescent City, California (City). 1 Diehl appeals from the superior court’s denial of his petition for a writ of administrative mandate, brought under Code of Civil Procedure section 1094.5. Diehl’s writ petition challenged the City’s determinations that the overgrown weeds and rubbish on his lots constitute a public nuisance that required abatement and, when he refused to abate the nuisance, that a lien be placed on his lots for the City’s abatement costs.

*278 Diehl has relentlessly asserted that the conditions on his properties, including high growing blackberry bushes, broom plants, other weedy vegetation, abundant trash and illegally dumped material, are not a nuisance. But what in his eyes is simply “natural landscaping” that provides habitat for birds and other wildlife and “a more attractive vista than a lot scraped clean of all trees and bushes” is in the City’s view a blight, a habitat for rats and vermin and an attractive nuisance.

Having carefully considered Diehl’s lengthy briefs and many arguments, we conclude the City acted lawfully and therefore affirm.

BACKGROUND

Diehl…

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