Palmer v. City of Oakland
In appeal number A112385, Petitioner appeals a judgment denying his petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5. The petition sought to overturn the City of Oakland’s (City) designation of Petitioner’s Oakland property as a public nuisance and the subsequent imposition of civil penalties. On appeal, Petitioner contends: (1) the administrative appeal hearing on the issue of nuisance must be set aside as it was fundamentally unfair due to hearing officer bias; (2) the penalty hearing decision must also be set aside because it followed the invalid appeal hearing decision.
In appeal number A112211, Defendant appeals the trial court’s order granting the City’s motion for a mandatory preliminary injunction. The injunction ordered Defendant to vacate his property, not to rent any units at the property or collect rents thereon, and to provide relocation benefits to each displaced tenant. The injunction further prohibited any use or occupation of the property effective November 1, 2005, ordered Defendant to post a $2000 bond for each unit still occupied on November 1, 2005, and ordered the Sherriff to remove any person found on the property after November 15, 2005.
Judgment in each case is affirmed.
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