California Court of Appeal

Richeson v. Helal, B187273

In action seeking to compel the closure of Fair Market, a neighborhood market in Santa Monica built in the 1920's, permanent injunction against use permit extended to defendants by city without a durational limitation is reversed where: 1) the trial court erroneously construed an Agreement Imposing Restrictions on Real Property and CC&R's as compelling the Fair Market's closure regardless of intervening changes in city zoning and permits for the market; and 2) were it otherwise, the AIR and CC&R-s would constitute an invalid attempt by the City to surrender its police power.

Appellate Information

• Decided 11/29/2007
• Published 12/21/2007

Judges

• FLIER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Harding Larmore Mullen Jakle Kutcher & Kozal, Christopher M. Harding and Kenneth L. Kutcher, Santa Monica, for Defendants and Appellants., Marsha Jones Moutrie, City Attorney, and Barry Rosenbaum, Deputy City Attorney, for City of Santa Monica as Amicus Curiae on behalf of Defendants and Appellants., Dawson Tilem & Gole, Mitchell J. Dawson and Gary M. Gole, for Plaintiffs and Respondents.