Bias Councilmember Should Not Have Been Permitted to Appeal Permit Decision, Court Rules
publication date: Mar 22, 2015
The City of Newport Beach improperly permitted a councilmember who was openly opposed to a bar's permit to appeal the planning commission's decision granting the permit and to vote on the permit appeal, the Fourth District Court of Appeal has ruled. The appellate court also ruled that the trial court should not have granted the city a preliminary injunction to block the bar from operating under the permit approved by the planning commission.
On the question of whether the councilmember should have been permitted to appeal the permit, the appellate court wrote sharply: "The city council violated the rules laid down in the city's own municipal code, then purported to exempt itself from that code by invoking some previously undocumented custom of ignoring those rules when it comes to council members themselves."
Regarding the preliminary injunction, the court wrote: "It is hard to maintain the city's actions were likely to be upheld when it had no authority to act in the first place."