Temple of 1001 Buddhas v. City of Fremont

Good Law
United States District Court, Northern District of CaliforniaSeptember 28, 20213:21-cv-04661California10,504 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 TEMPLE OF 1001 BUDDHAS, et al., Case No. 21-cv-04661-CRB

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

CITY OF FREMONT, Defendant.

Plaintiff Miaolan Lee lives on property owned by the Temple of 1001 Buddhas in Fremont, California. For the past eight years, City of Fremont employees have had numerous interactions with Lee and the property, all pertaining to whether certain structures on the property comply with the City’s land use laws and various California laws and regulations. After numerous searches, inspections, orders, and negotiations, the City issued an amended Notice and Order to Abate Nuisance in March 2021. The 58-page Notice and Order listed violations of the Fremont Municipal Code and California laws (including but not limited to the California Building Code, Electrical Code, and Plumbing Code), and set a deadline for Lee to submit plans to fix the problems, which would require demolishing certain…

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