Nightlife Partners, Ltd. v. City of Beverly Hills
Opinion
Opinion
Croskey, J.
The City of Beverly Hills (City) appeals from an order granting Nightlife Partners, Ltd.; Entertainment Associates of L.A., Inc.; Déjá Vu Showgirls of Beverly Hills, LLC and Déjá Vu Consulting, Inc. (collectively Petitioners), a new administrative hearing. There is substantial evidence to support the trial court’s determination that Petitioners are entitled to a new hearing, and we therefore affirm.
Factual and Procedural Background
Petitioners operate a cabaret in City, pursuant to the adult entertainment regulatory permit (permit) required by City’s municipal code. At all times relevant to this appeal, Petitioners and City were engaged in federal litigation, Nightlife Partners, Ltd. v. City of Beverly Hills (U.S. Dist. Ct. case No. CV 98-10266 RAP), related to City’s regulation of adult entertainment. Assistant City Attorney Terence Boga (Boga) was one of the city attorneys litigating the federal lawsuit.
City’s municipal code required Petitioners to renew their permit every two years, and also required that a renewal application be submitted at least 30 days before the initial permit was to expire. In early 2001, Petitioners attempted to obtain from City an…