The Temple of 1001 Buddhas and Miaolan Lee have lodged an appeal against the City of Fremont in the Court of Appeal of the State of California, First Appellate District, Division Four. The lawsuit, case ID A167719, filed on March 6, 2024, challenges a final administrative decision upholding nuisance determinations and orders related to plaintiffs' residential property.
The plaintiffs claim that section 1.8.8 of the California Building Code preempts the City of Fremont's process for appeals relating to violations of the Fremont Building Standards Code and nuisance orders based on it. They refer to Lippman v. City of Oakland (2017), a precedent that held that cities must provide for appeals before an independent agency or board authorized to hear such appeals or the city’s governing body.
The dispute revolves around a 29-acre parcel located in Fremont, which has been subject to numerous code violations including unpermitted structures and construction work. The City issued several notices and orders to abate nuisances associated with these violations, requiring plaintiffs to legalize or demolish the structures.
The plaintiffs are seeking for judgment that state law preempts Fremont’s appeals process for enforcement determinations based on violations of Fremont’s Building Standards Code. They also seek appropriate mandamus relief directing the trial court to reverse its judgement in part.