Maggie bought a house in a quiet neighborhood in Kern County, California. A few

months after Maggie moved into her new home, her neighbor, Tim, bought a dog named

Rocky. Soon after getting Rocky, Tim brought home four more dogs, all of whom

barked constantly. Maggie complained about the noise to Tim, who refused to do

anything about it. Because of the noise from the barking dogs, Maggie cannot sleep. As a

result, Maggie has become a physical wreck. She has seen a doctor to get anxiety

medication which cost her $200. Things have gotten so bad that Maggie put her house up

for sale. However, two prospective buyers declined to go through with the house sale

because they heard the barking dogs. A local real estate agent told Maggie that the

barking dog issue has devalued her property by $30,000, and that if she wants to sell the

house, she'll have to sell it at a loss.

Angry, Maggie contacted Kern County and complained that Tim was running a kennel in

a residential neighborhood, which is a violation of Section 123 of the Kern County

zoning law. Maggie demanded that Kern County take all appropriate action against Tim

for violation of Section 123 of the Kern County zoning law.

However, the County refused to act and refused to enforce the zoning law, claiming this

was a "civil matter" between Maggie and Tim. Maggie subsequently filed a civil lawsuit

in Superior Court against both Tim and the County.

2

1. With respect to her claim against Kern County, does Maggie have standing to

sue? Why or why not?

2. With respect to her claim against Tim, does Maggie have standing to sue?

Why or why not?