Feah
Feah v. The City of El Monte CA2/4
Opinion
Opinion
INTRODUCTION
The City of El Monte (the City) adopted an ordinance authorizing it to license up to six retail cannabis stores. As directed by the ordinance, the City promulgated guidelines and procedures governing the application process and the awarding of licenses. When one applicant failed to secure a license, it filed a petition for a writ of mandate in the trial court, arguing the City violated its ministerial duties under the ordinance and abused its discretion in scoring applications. The petition asked the trial court to issue a writ compelling the City to rescore applications using a neutral third-party consultant. The trial court denied the petition after a hearing, concluding the City had no ministerial duty to utilize a third-party scorer and did not abuse its discretion in scoring the applications. The unsuccessful applicant now appeals, challenging the denial of its writ petition. We agree with the trial court and affirm the judgment denying the petition.
FACTUAL AND PROCEDURAL BACKGROUND
I. Ordinance and Application Guidelines
The background facts are largely uncontested. In December 2019, the City adopted Ordinance No. 2960, codified in El Monte Municipal…