Sabek, Inc. v. County of Sonoma

Plaintiff Sabek, Inc. (Sabek) appeals from the superior court’s judgment denying its mandate application, in favor of the above-named defendants, to whom we shall hereafter collectively refer as the County. The application sought to set aside a ruling of the County denying Sabek a “permitted use” to “operate a grocery store/convenience store” on real property owned by Sabek. It was entitled “Petition for Writ of Administrative Mandate [Code Civ. Proc., § 1094.5], or in the Atemative, for Writ of Mandate [Code Civ. Proc., § 1085].”

A pure question of law is posed by the appeal. It is whether, under the uncontroverted facts of the case, and as stated by Sabek, “the permitted use provisions, or the conditional use provisions, of the Sonoma County zoning regulations apply.” Sabek, in effect, seeks to compel the County to perform a ministerial duty, i.e., to perform the ministerial act of granting a permit for a “permitted use” of real property under a zoning ordinance. (See Bodinson Mfg. Co. v. California E. Com. (1941) 17 Cal.2d 321, 329 [ 109 P.2d 935 ].) For that reason we treat the proceeding, as apparently did the trial court, as commenced under Code of Civil Procedure…