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KAZENSKY v. CITY OF MERCED

No. F028725.

76 Cal.Rptr.2d 356 (1998)

65 Cal.App.4th 44

Eugene KAZENSKY et al., Plaintiffs and Appellants, v. CITY OF MERCED, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 24, 1998.

Attorney(s) appearing for the Case

Beeson, Tayer & Bodine, Robert Bonsall, Sacramento, and Jason Rabinowitz, for Plaintiffs and Appellants.

Steven F. Nord, City Attorney, for Defendant and Appellant.

OPINION

ARDAIZ, Presiding Justice.

INTRODUCTION

It has long been the rule that "[t]he penalty imposed by an administrative body will not be disturbed in mandamus proceedings unless an abuse of discretion is demonstrated" and that "[n]either an appellate court nor a trial court is free to substitute its discretion for that of the administrative agency concerning the degree of punishment imposed." (Barber v. State Personnel Bd. (1976...

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