California Court of Appeal

In an action brought by a company that obtained a building permit to construct a crematorium, challenging a City Council's subsequent emergency ordinance requiring a conditional use permit (CUP) to operate new crematoria, the trial court's grant of one of plaintiff's claims petitioning for writ of administrative mandamus, ruling that plaintiff had a vested right in the building permit based on a preexisting local ordinance and that the emergency ordinance was not sufficiently necessary to the public welfare to justify an impairment of that right, is affirmed over the City's unpersuasive arguments that: 1) plaintiff had no vested right; (2) even if plaintiff had a vested right, it was not impaired; and 3) even if plaintiff had a vested right that was impaired, the impairment was supported by substantial evidence.

Appellate Information

• Published 2016/06/23

Judges

• HUMES

Court

• California Court of Appeal

Counsel