California Court of Appeal

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Woody's Group, Inc. v. City of Newport Beach, G050155

In this case, defendant City Council overturned plaintiff's permit application that had been approved by the city's planning commission. Judgement of the trial court granting defendant’s preliminary injunction is reversed and denying plaintiff’s request for an administrative writ of mandate restoring the original planning commission's grant of its application is vacated and a new order entered granting it, where: 1) a council member who already voiced his strong opposition to the application was allowed to appeal the approval of the application to the very body on which he sits, and he did his best to convince his colleagues to vote against the application; and 2) the Newport Beach Municipal Code makes no provision for appeals by council members acting in their role as council members, and so defendant violated its own municipal code by entertaining Henn's appeal even though he didn’t follow the procedures laid out in the code (defendant then retroactively tried to justify the violation by claiming the city has a custom of extending such lenity to council members).

Appellate Information

  • Decided 01/29/2015
  • Published 01/29/2015

Judges

  • Bedsworth

Court

  • California Court of Appeal

Counsel