Freeman

Freeman v. City of Beverly Hills

Good Law
1994 Cal. App. LEXIS 842·27 Cal. App. 4th 892·32 Cal. Rptr. 2d 731·94 Daily Journal DAR 11496·94 Cal. Daily Op. Serv. 6320
Court of Appeal of CaliforniaAugust 17, 1994B077421California1,732 words

Opinion

Opinion

Johnson, J.

Plaintiffs Israel Freeman and Dean M. Williams appeal from the judgment entered following the trial court’s granting the City of Beverly Hills’ motion for summary judgment. We affirm.

Factual and Procedural History

In May 1986, plaintiff Freeman became owner and operator of Dolores’ Restaurant in the City of Beverly Hills (City). In June 1987, plaintiff Williams entered into partnership with Freeman.

On June 25, 1987, the City issued building permit No. 87003039 to plaintiffs for modification of the interior and exterior of their restaurant, to conduct a “drive-in” business and to construct a restroom accessible to handicapped patrons. Plaintiffs began renovations immediately. During plaintiffs’ ongoing construction, the City issued and delivered to plaintiffs a stop work order dated July 7, 1987. On July 8, 1987, the City suspended plaintiffs’ building permit on the ground it had been erroneously issued in violation of the City’s Municipal Code section 10-3.3007, which required approval from the architectural commission before issuance of permits.

On July 21, 1987, two weeks after suspending plaintiffs’ permit, the City adopted an emergency Interim Ordinance No.…

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