Howard v. City of Alameda CA1/1
Appellant Mortimer Howard filed a petition for writ of mandate under Code of Civil Procedure section 1085, alleging that the City of Alameda (City) exceeded its authority and abused its discretion when it issued an encroachment permit to his neighbor, Jerry A. Schneider. The permit allowed Schneider to maintain a wooden fence that is constructed on public space adjacent to the paved sidewalk. The trial court denied the petition, concluding that the City had the authority to issue the permit and had not abused its discretion in doing so. Alternatively, the court found that Howard had failed to exhaust his administrative remedies. We agree that issuing the permit was within the City’s discretion and affirm.
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