RECENT CALIFORNIA DECISIONS

March 2009

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Fourth District Finds Expedited First Amendment- Related Permit Statute, and Its 21-Day Statute of Limitations Does Not Bar Third Party Litigants
Stearn v. County of San Bernardino, et al., ___Cal.App.4th___

After reviewing the plain meaning and history of Code of Civil Procedure (CCP) § 1094.8 in the context of a third party landowner’s challenge to a county’s decision to rezone land to accommodate billboard erection, the Second District Court of Appeal held that the 21-day statute of limitations contained therein did not apply to third party challenges to actions within the purview of CCP § 1094.8 (Procedure for Processing of First-Amendment-Related Permits).