Stewart Enter. v. City of Oakland
Annotate this CaseFive days after Stewart obtained a building permit to construct a crematorium on a site in East Oakland, the City Council passed an emergency ordinance requiring a conditional use permit (CUP) to operate new crematoria. The Planning Commission denied Stewart's administrative appeal that the emergency ordinance applied to its proposed crematorium. Stewart then filed suit against the City, alleging administrative-mandamus claims. The trial court granted one of Stewart’s claims petitioning for writ of administrative mandamus, ruling that Stewart 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. The court rejected the City's argument that Stewart had no vested right; that even if Stewart had a vested right, it was not impaired; and that even if Stewart had a vested right that was impaired, the impairment was supported by substantial evidence. The court concluded that there was insufficient evidence of a danger or nuisance to the public that justified the City’s application of the emergency ordinance to Stewart’s project and affirmed the judgment.
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