Anza Parking Corp. v. City of Burlingame

Plaintiff Anza Parking Corporation appeals from a judgment of the superior court denying its application for a writ of mandate requiring the City of Burlingame to “enforce” a conditional use permit, and for damages against the city.

We have read and considered the briefs of the parties and of the real parties in interest, and we consider, as requested, our records on an appeal numbered A037668, from a judgment in a separate action of Anza Parking Corporation for damages against the City of Burlingame. And for the reasons we now relate, we shall affirm the judgment from which the instant appeal is taken.

We state the material facts of the case which appear to be uncontroverted.

The Anza Shareholder’s Liquidating Trust was the owner of land (the land) in the City of Burlingame. It leased the land to an affiliate, Anza Parking Corporation, as an airport parking facility, which lease was to terminate January 6, 1986. Anza Parking Corporation applied to the City of Burlingame for a conditional use permit authorizing use of the land as a parking facility. The conditioned use permit was granted. Among other things its conditions were (1) that it would terminate in 10 years,…