What is the effect of a trial court's finding that the Planning Commission's approval of a permit was invalid?

California, United States of America


The following excerpt is from Rapp v. Napa County Planning Commission, 204 Cal.App.2d 695, 22 Cal.Rptr. 643 (Cal. App. 1962):

We are satisfied that the trial court, in so holding, chose to substitute its own judgment for that of the planning commission, which it completely lacked the power to do, for as was said in Wheeler v. Gregg (1949) 90 Cal.App.2d 348, at page 361, 203 P.2d 37, at page 46; 'Whether or not the granting of the permit herein was wise as a matter of policy is something which is beyond the courts to determine unless the ordinance under which such action is taken is unconstitutional or void. The rule is indelibly written into our law that all questions of policy and wisdom concerning matters of municipal affairs [204 Cal.App.2d 701] are for the determination of the legislative governing body of the municipality and not for the courts.'

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