What is the test for ministerial discretion in making a land use decision?

California, United States of America


The following excerpt is from Venice Coal. to Pres. Unique Cmty. Character v. City of L. A., 242 Cal.Rptr.3d 288, 31 Cal.App.5th 42 (Cal. App. 2019):

measurements have been met." ( Id. at p. 623, 51 Cal.Rptr.3d 797.) In other words, land use decisions that require a public official to exercise judgment are discretionary and require notice and a hearing. Actions which require a public officer to perform "in a prescribed manner in obedience to the mandate of legal authority" without regard to his or her own judgment are ministerial and do not trigger due process protections. ( Rodriguez v. Solis (1991) 1 Cal.App.4th 495, 501, 2 Cal.Rptr.2d 50.)

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