INSTRUCTIONS:
1. Carefully READ the Narrative Facts.
2. Next, CONSIDER the issues presented by the Narrative.
3. Then, you may wish to REVIEW statements of the law in your Text or online that may be relevant to these issues.
4. Finally, ANSWER the Question(s). (You should be able to answer all of the Questions presented in two typewritten pages or less using reasonable page margins, single line spacing (although you may use double spacing), and an adequately large type font.)
You must TYPE your answer(s) and submit your paper on Canvas BY DECEMBER 14, 2020, or you will not receive credit for your work.
You may apply for a three-day extension of this deadline, without penalty, by sending an email to either of the Instructors by December 14, 2020. Late requests for an extension will be denied. No further extension will be available absent extreme extenuating circumstances.
You may receive partial credit for identifying or explaining the legal doctrines or terms of art that apply, but, because this Homework Assignment is open book/open notes, your answers definitely will be graded on completeness and clarity of thought, legal analysis, and written expression.
WARNING: Although you may work with other students to analyze the case excerpt and questions, your answers must be written IN YOUR OWN WORDS. If any of your answers are substantially similar in wording to another student’s answers (i.e., if you copy or are copied from), each student will FAIL this Assignment (i.e., receive NO CREDIT). It is YOUR RESPONSIBILITY to safeguard your own written answers so that no one else copies them.
I. NARRATIVE FACTS:
Dr. Cheryl Bird is a veterinarian and entrepreneur in the City of Hidden Beach, California.
For twenty years, Dr. Bird has owned and operated the Bird Pet Shoppe, which sells pet supplies and which provides services such as grooming. It is located in the Hidden Beach neighborhood known as Los Gatos. Los Gatos has traditionally been zoned as mixed use. About one year ago, Los Gatos was rezoned as mixed residential with multi-family dwellings. The Bird Pet Shoppe is now operating as a nonconforming use.
The Bird Pet Shoppe is on the southwest corner of the intersection of Grant Street (running east-west) and Mission Avenue (running north-south). There is a large building facing Grant Street and a paved parking lot directly behind the building. Entry to the parking lot is via a narrow driveway off of Grant Street running along the western side of the building. The building and parking lot do not occupy the entire lot. There is a twenty-foot strip of dirt along the alley running behind the Bird Pet Shoppe lot. When the paved parking lot is full, customers frequently park on the dirt strip. A not-to-scale sketch is provided for your assistance in Modules.
The City of Hidden Beach has improved the alley behind the property, widening it and paving it. Dr. Bird would like to take advantage of the Citys improvement of the alley by paving the dirt strip and providing access to the parking lot from the alley. She has applied for a permit to pave the dirt strip and provide an entrance to the parking lot from the alley.
The City has refused to issue the permit to her.
In response, Dr. Bird filed a lawsuit in the County Superior Court for declaratory relief and an injunction, to force the City to issue the permit.
Dr. Bird also wants to open a veterinarian office in Los Gatos, adjacent to the Bird Pet Shoppe on a separate lot. She intends to apply for a Conditional Use Permit (a CUP or special exception permit). The Los Gatos neighborhood has a large population of pets, and the nearest veterinarians office is thirty miles away in a neighboring city.
In the meantime, Dr. Bird intends to pursue other means to see to it that she has the right to pave the dirt strip behind the Bird Pet Shoppe and open her veterinarian practice. Dr. Bird has a long-time friend, Joe Politico, who is on the Hidden Beach City Council. Mr. Politico is sure that he can get a zoning change in Los Gatos that will allow both Dr. Birds paving behind the Bird Pet Shoppe and her opening of the veterinarian practice there.
II. QUESTIONS:
1. Analyze the strengths and weaknesses of Dr. Birds case against the City. Include both the applicable law and the relevant facts in your response.
2. Analyze the probability of Dr. Bird obtaining the Conditional Use Permit. (For example: What are Dr. Birds chances of obtaining a Conditional Use Permit? What factors weigh against her?)
3. Do you see any potential problems with Joe Politico obtaining a zoning change in the Los Gatos neighborhood that will allow both Dr. Birds paving at the Bird Pet Shoppe and her opening of a veterinarian practice there? If so, please specify any such problem(s), and analyze how serious they are for Dr. Bird and/or Mr. Politico, or, if not, explain why Mr. Politicos actions on Dr. Birds behalf are completely legal and proper.
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