Answers to Summer 2014
Summer 2014 Performance Test
Question: PT-A: Tehama County v. Tepee Campground
Analysis: PT-A: Tehama County v. Tepee Campground
You are asked for an objective memo, analyzing the issues raised by the Notice to Abate. We represent the owner of Tepee Campground. We are converting the same number of RV pads to “residential part trailer” (RPTs). These units are towed to the campground by light trucks and remain at the park. Campers drive to the park in their autos and rent the RPTs by the night. This is luxury camping, with full amenities, but the footprint of the RPTS is actually less than RVs, in terms of size, traffic, noise, energy use and pollution.
The issues break into three:
The library contains land development regulations governing campgrounds and nonconforming uses. It also contains two cases.
Both cases give factors, but no ruling on the factors. So this PT is entirely factual analysis.
The first case, Tall Timbers Resort, gives factors for why an RPT is not a structure.
The second case, Leskiewicz, concerns whether a change in use is within the original nonconforming use and whether intensity of use has decreased. The factors are:
So in this PT it was not challenging to find the issues. You are being graded—as always—on the quality of your reasoning.
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Vivian Dempsey The Writing Edge