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NEIGHBORS IN SUPPORT OF LAND USE v. COUNTY OF TUOLUMNE

No. F051690.

68 Cal.Rptr.3d 882 (2007)

157 Cal.App.4th 997

NEIGHBORS IN SUPPORT OF APPROPRIATE LAND USE et al., Plaintiffs and Respondents, v. COUNTY OF TUOLUMNE et al., Defendants and Appellants.

Court of Appeal of California, Fifth District.

December 7, 2007.

Attorney(s) appearing for the Case

Gregory J. Oliver, County Counsel, A. Paul Griebel, Deputy County Counsel; Diepenbrock Harrison, Andrea A. Matarazzo, Michael E. Vinding, and David R. Rice for Defendants and Appellants.

Kenyon Yeates, J. William Yeates, Keith G. Wagner, and Jason R. Flanders Sacramento, for Plaintiffs and Respondents.

OPINION

WISEMAN, J.

We begin by stating the question presented in this case. That is, can a county approve an application to devote a parcel of real property to a use disallowed by the applicable ordinance even though the county does not rezone the property to a district allowing the use, does not amend the text of the zoning ordinance to allow the use in the existing district, does not issue a conditional...

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