California, United States of America
The following excerpt is from Friends Fawnskin v. Cnty. of San Bernardino, E070682 (Cal. App. 2020):
development plan is a question of fact. One or both of the parties would need to develop a record explaining to what, if any, document(s) the County employee who issued the demolition permits was referring when s/he issued the 2014 permits. We do not consider factual issues raised for the first time on appeal when the issues could have been presented in the trial court. (Hunter v. CBS Broadcasting Inc. (2013) 221 Cal.App.4th 1510, 1526.) Developer and County do not explain why this factual issue was not raised in the trial court. Because Developer and County do not offer an explanation, we will not consider the issue any further.3
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