Legal Question in Real Estate Law in California

Have a friend who has property with non-permited, but well up to code second home on property. It is this way all around him on other properties as well. All other properties around him doing the same thing. But County planning dept. is targeting him...no one else. Is this some kind of 'selective prosecution' or can they just pick and choose who and when they want to enforce property law?


Asked on 7/12/11, 9:28 pm

2 Answers from Attorneys

Yup. Just like a cop is free to pull over any one of a dozen cars doing 70 on the freeway. Unless there is an illegal motivation, such as race or gender, they can cherry pick who to prosecute.

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Answered on 7/12/11, 11:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your friend may have been singled out because someone is reporting him. Time to check the enemies list.

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Answered on 7/14/11, 5:49 pm


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