Riggs

Riggs v. City of Oxnard

Good Law
154 Cal. App. 3d 526·1984 Cal. App. LEXIS 1908·201 Cal. Rptr. 291
Court of Appeal of CaliforniaApril 16, 1984Civ. 69546California1,817 words

Opinion

Opinion

Stone, J.

Appellant, W. Patrick Riggs, owner of an Aamco transmission business, appeals from a denial of a writ of mandate. The petition for a writ sought to require respondent, City of Oxnard, to issue a criminal citation and to order a civil injunction against Ben and Sherry Zolfaghari, owners of Oxnard Transmission, because their business operation was in violation of an existing City of Oxnard zoning ordinance. We uphold the trial court’s denial of the writ, and affirm the judgment.

Facts

In June 1982 Ben and Sherry Zolfaghari (hereinafter referred to as Zolfaghari) began their Oxnard Transmission business after respondent, City of Oxnard, erroneously approved the zone clearance. The Zolfagharis quit their prior jobs and spent substantial sums of money (over $37,000) to commence their new business.

Oxnard Transmission is located in a C-2 zone. Ordinance No. 1706, section 34-79 of the Code of the City of Oxnard, sets forth uses of land permitted in the C-2 zone. Section 34-79.1 of that code specifically excluded transmission installation in a C-2 zone.

The violation was brought to the attention of the respondent in the form of a complaint by appellant, W. Patrick Riggs,…

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