RECENT CALIFORNIA DECISIONS

May 2005

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First District Court Rejects Challenge to San Francisco’s Decision to Issue Variance as Time-Barred
Honig v. San Francisco Planning Department

On Mar. 11, 2005, the First District Court of Appeal affirmed the dismissal of an appellant’s petition for writ of mandate, holding that the appeal was timebarred by Government Code § 65009, subdivision (c)(1)(E), because it was not served within the 90-day statute of limitations. Appellant had unsuccessfully challenged the San Francisco Planning Department’s issuance of a variance and the San Francisco Building Department’s issuance of a building permit to the board of appeal. Appellant then filed a petition for writ of mandate and served notice of the petition more than 90 days after the board’s final decision.