Morgan v. County of San Diego

Opinion

THE COURT.

The County of San Diego and James J. Gilshian, its Director of Building Inspection, appeal from a judgment requiring them to renew a mobilehome park construction permit for six months. The permit was originally issued to the petitioners, John B. Morgan and John W. Gardner, Jr., but was not renewed.

The County concedes there is no substantial disagreement about the facts and also concedes the findings are supported by the evidence. It argues, as a matter of law, the findings do not support the conclusions of arbitrariness and abuse of discretion of the building inspection director.

In December 1969, Morgan and Gardner owned undeveloped property in Lakeside in San Diego County, on which they planned to build a mobile-home park. On December 26, 1969, they received a permit from, the

[639]

County which, unless renewed, would expire six months later. The permit cost $5,493.

After December 30, 1969, the county zoning ordinance required all those who obtained permits before that date to begin “actual construction” within 60 days or the permit would be automatically cancelled. About February 10, 1970, in order to comply with this new requirement of the ordinance Morgan and Gardner installed underground plumbing, footings and a concrete slab for a laundry. This work, which cost about $2,000, was inspected on February 25th and February 27th and. found satisfactory. By letter, dated March 4, 1970, County notified Morgan and Gardner the permit remained valid, and also announced the standard for renewal. The letter stated:

“If the work is diligently prosecuted, but not completed by June 27, 1970 [the expiration date], we will favorably consider granting you one six month time extension. If the work is prosecuted in a dilatory fashion we will not normally grant a time extension....”

The mobilehome park Morgan and Gardner planned was quite large, and FHA financing was to be obtained. This was the first mobilehome park in San Diego County to be so developed. The total project value was estimated at $800,000. Delays were encountered and substantial revisions in original plans were necessitated before FHA requirements were satisfied. In particular, FHA was concerned about the sewer problem. We note also one of FHA’s requirements was a building permit must have been issued before a project could be submitted to it for approval.