GOAT HILL TAVERN, Plaintiff and Respondent, v. CITY OF COSTA MESA, Defendant and Appellant., 6 Cal. App. 4th 1519

Summary

Respondent tavern owner was granted a writ of administrative mandamus ordering appellant city council to set aside its denial of respondent's application for renewal of a conditional use permit for the tavern, to recognize that the tavern had a vested right to continue operation, and to renew the conditional use permit. Appellant sought review, contending the trial court erred in finding respondent had any vested rights to continue in business, and erroneously applied the independent judgment standard of review. The court affirmed the judgment of the trial court, found that the trial court properly applied the independent judgment test, and, applying the substantial evidence test, found sufficient evidence to support a finding that interference with the right to continue an established business was far more serious than the interference a property owner experienced when denied a conditional use permit in the first instance, and that this right was sufficiently personal, vested and ...