Burke, Williams & Sorensen, LLP prevailed on appeal of a defense holding for the City of Vista in Frank Zimmerman Collective v. City of Vista (Super. Ct. No. 37. 37-2021-00017596-CU-WM-NC) in the California Court of Appeal Fourth Appellate District. Burke partner Alena Shamos served as counsel for the City, since the case’s inception in 2019 and worked on the matter with Matthew C. Slentz, during her time with Colantuono, Highsmith & Whatley, PC.

Petitioner Frank Zimmerman Collective had applied to the City for a medical cannabis retail dispensary permit. The City rejected petitioner’s permit application, as well as a request for an administrative appeal since no provision for an appeal was at the time provided for in the applicable section of the City’s Municipal Code. The petitioner challenged the City’s denial of an administrative appeal by filing a writ of mandate and complaint for injunctive relief in San Diego County Superior Court. Ms. Shamos argued the matter before the trial court, which ruled that there was no abuse of discretion by the City and that it had conducted a fair proceeding, even after ordering the City to modify its regulations to allow the petitioner to have its original application denial be put through an ordered and newly enacted administrative appeal process.

The Court of Appeal subsequently determined there was no prejudicial abuse of discretion and that the trial court’s order was properly supported by the administrative decision and by its findings, which were amply supported by substantial evidence. Moreover, the Court agreed with the City’s contentions that all permitted medical cannabis retail licenses under the City’s Municipal Code had already been duly issued prior to the lower court-ordered administrative appeal. The Court also reasoned that any dispute over the City’s Municipal Code is moot because the Court’s resolution of such a controversy would not have a practical impact or provide relief to the petitioner.

“A city’s interpretation of its own ordinance is entitled to deference in our independent review of the meaning or application of the law,” highlighted authoring Justice Joan K. Irion, in the Court’s opinion.

Shamos noted, “It was gratifying to see the Court unanimously affirm the decision of the trial court and hold for the City of Vista on appellate review of an administrative determination.”

Burke, Williams & Sorensen, LLP is a California limited liability law partnership with 174 member attorneys. Our mission is to provide clients with creative, results oriented, and cost effective legal services within the complex environment in which they function. We view ourselves as problem solvers and legal strategists, not simply compliance monitors and reciters of the law. Burke has ten practice groups: Litigation. Public Law; Labor and Employment Law; Eminent Domain and Inverse Condemnation; Construction Law; Environmental, Land Use, Insurance Coverage and Litigation; Natural Resources; Real Estate and Business Law; Education Law, and Intellectual Property. Each practice focuses on the professional development of member attorneys and on providing advisory services tailored to the needs of both public and private clients. With regional offices in San Diego, Los Angeles, Inland Empire, Marin County, Oakland, Orange County, Palm Desert, San Francisco, Silicon Valley, and Ventura County, as well with the added support of advanced communications technology, Burke can easily be where our California situated clients need us to be. For more information, please visit www.bwslaw.com and https://www.linkedin.com/company/burke-williams-&-sorensen/about/?viewAsMember=true.

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