Van Sicklen v. Browne
California Court of Appeals
92 Cal. Rptr. 786 (1971)
The city planning commission denied the petitioners’ application for a permit to construct an automobile service station in the Highway Service District. Although the proposed use complied with the subject property’s zoning designation, the city denied the application because there were already enough service stations more logically located at major intersections. In addition, approval would set a precedent that would make it harder to deny other such applications, and approval would establish an unneeded service station too close to a residential area. The stated purpose of the zoning ordinance was to “strengthen and promote development through stability and balance.” The property owner challenged the city’s decision in court, which affirmed the decision of the city’s planning commission. The property owner appealed.
Rule of Law
Holding and Reasoning (Molinari, J.)
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