Demurrer on 3rd Amended Petition for Writ
of Mandate of MATTHEW PARSONS Third
PARSON VS THE CITY OF
Amended Petition THE CITY OF INDIAN
PSC2002777
INDIAN WELLS ET AL
WELLS, TY PEABODY, DANA REED,
RICHARD BALOCCO, KIMBERLY MUZIK,
TED J MERTENS, JON BERG
Tentative Ruling:
Summary of Ruling:
The demurrer to the entire third amended petition (TAP) for lack of standing on the ground that
petitioners failed
to
exhaust
administrative
remedies
is overruled.
The
Third
Amended
Petition
(TAP)
alleges
petitioners
exhausted
remedies
by
submitting
comments
in
writing,
which
they
attach and which address all of the allegations made in the TAP. (See Gov. Code, § 65009, subd.
(b)(1)
[“In
an
action
or
proceeding
to
attack,
review,
set
aside,
void,
or
annul
a
finding,
determination,
or decision
of
a public
agency
made
pursuant
to this
titleat
a properly
noticed
public hearing, the issues raised shall be limited to those raised in the public hearing or in written
correspondence delivered to the public ag