Frear Schmid v. County of Sonoma

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FREAR STEPHEN SCHMID; ASTRID No. 21-15722

SCHMID,

D.C. No. 3:19-cv-00883-JD Plaintiffs-Appellants,

v. MEMORANDUM*

COUNTY OF SONOMA,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted January 13, 2022 San Francisco, California

Before: GOULD, BENNETT, and R. NELSON, Circuit Judges.

This appeal arises from the denial of a building permit exemption that would

have allowed Appellants’ barn, illegally constructed without building permits,

lawfully to remain on the land in compliance with the Sonoma County Municipal

Code. We mention the facts only as necessary to explain our decision.

In or around 2000, Appellants Frear and Astrid Schmid (“Schmids”)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. constructed a barn on their property…