Bauer

Plaintiff Gayle Bauer appeals a judgment denying petition administrative mandate against defendants City of San Diego, San Diego City Council, San Diego Board of Zoning Appeals, and San Diego Developmental Services Department (together, City), Bauer contends the court should have found that the City’s procedure in deeming the 60-day suspension of Bauer’s California Department of Alcoholic Beverage Control (ABC) license to terminate automatically Bauer’s “grandfathered” existing legal nonconforming use of her property as a liquor store under Business and Professions Code section 23790 violated Bauer’s due process rights to notice and the opportunity to be heard. Concluding Bauer was entitled to the opportunity to be heard on the issue of the termination of her grandfathered rights, we reverse the judgment and direct the superior court to grant a writ mandating the City to hold a new administrative hearing including adjudication of such termination issue before applying its zoning ordinance to require Bauer to obtain a conditional use permit (CUP) to resume selling alcoholic beverages at her business.

I

Introduction

For more than 40 years, Bauer and her family have…