Young v. Cal. Fish & Game Com.

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Plaintiff-appellant Kele Young, owner and operator of the Magic Jungle Wildlife Preserve, a wildlife sanctuary located in Lucerne Valley, appealed the denial of her petition for writ of mandate brought against respondents-defendants California Fish and Game Commission (Commisssion); California Department of Fish and Wildlife (Department); Charlton H. Bonham, Director of California Department of Fish and Wildlife; and Sonke Mastrup, Director of California Fish and Game Commission (collectively, Wildlife Agencies). This appeal centered on a dispute over the refusal of the Wildlife Agencies to waive an approximately $300 inspection fee required pursuant to California Code of Regulations, title 14 (CCR) sections 671.1 and 703, required to be paid in order for Young to renew the permit for the Magic Jungle. Young raised eleven grounds on appeal. However, the COurt of Appeal found a majority of Young’s claims were waived by her making only conclusory allegations and providing no legal authority and/or by failing to provide any citation to the record. The only issues that were properly reviewed by the Court were whether the Wildlife Agencies could refuse to waive the inspection fee without consideration of the “justified reasons” or whether it was in the “best interests” of the public to waive the fee in light of Fish and Game Code section 2150(c), and CCR section 671.1(b)(1); and if reversal is warranted due to the trial court failing to issue a statement of decision. Finding no reversible error, the Court of Appeal affirmed the trial court's order denying the petition for a writ of mandate. View "Young v. Cal. Fish & Game Com." on Justia Law