John Chiv: Judge Canning grants TRO against County Code Enforcement Unit until judicial review of Gerald McGuire's coastal development permit

Dec 19, 2023

Judge Canning grants TRO against County Code Enforcement Unit until judicial review of Gerald McGuire's coastal development permit

Another email from local attorney, Michael Acosta this morning. He represents Gerald McGuire, one of the challengers to Rex Bohn in this March 5 primary election.

According to Acosta, "Rex personally attended the court hearing at which the TRO was granted, and Rex showed up at the parcels in Fields Landing last week to bully Mr. McGuire who was on his property cleaning up."

I briefly checked on the case. There was an ex-parte hearing on December 4. Court granted the request. Order was filed December 7. A writ of mandate hearing is scheduled for 1/19/24.

Email from Acosta:

Rare TRO issued against the County of Humboldt Code Enforcement Unit

In the matter of Gerald McGuire v. County of Humboldt (Humboldt County Superior Court Case No. CV2301707), a temporary restraining order was granted against the County of Humboldt which restrains the County Planning Department’s Code Enforcement Unit from seizing or removing useful building materials and lumber during any abatement procedure and until a judicial review hearing in late January 2024 on the revocation of Mr. McGuire’s coastal development permit. To my knowledge, this may be the first time in recent history that the overzealous abatement efforts of the County of Humboldt have been challenged and successfully slowed down, albeit temporarily; however, the ruling on the TRO, issued by the Hon.Judge Timothy Canning, has more lasting significance in that it establishes that valuable building materials located on a concededly abatable private property are not “trash” and therefore subject to abatement by the County, because the seizure of said materials would be unreasonable under the Fourth Amendment of the United States Constitution and would also constitute a “taking” requiring just compensation under the Fifth Amendment. Furthermore, the ruling also establishes that a private property owner subjected to an abatement procedure by the County cannot be told by the County that he or she cannot store anything on a private property subject to abatement, thus preventing an effective “regulatory taking.”.

Representatives from County Counsel and the Code Enforcement Unit met with Mr. McGuire and counsel undersigned last week at the real property at issue to work out what specifically was useful building materials and lumber versus items subject to abatement, which was fruitful. Today, the County is scheduled to commence the abatements related to Mr. McGuire at 8:30am in Fields Landing at of 240 Central Avenue, Fields Landing, CA or at 6766 West Avenue, Fields Landing, CA, The public is welcome to attend as monitors.’

Gerald McGuire is presently a candidate for First District Supervisor and is challenging Rex Bohn. Rex personally attended the court hearing at which the TRO was granted, and Rex showed up at the parcels in Fields Landing last week to bully Mr. McGuire who was on his property cleaning up.

Mike Acosta