Woody's Group, Inc. v. City of Newport Beach

I. INTRODUCTION

The language of the law is replete with synonyms for fairness: due process, equal protection, good faith, and harmless error are all ways of expressing our commitment to fairness. The City Council of Newport Beach violated at least two basic principles of fairness in overturning a permit application approved by the city’s planning commission. It should come as no surprise, then, that their action also violated California law.

First basic principle: You cannot be a judge in your own case. In this case Councilmember Mike Henn, having already voiced his “strongO” opposition to Woody’s Group, Inc.’s application, was allowed to appeal the approval of Woody’s application to the very body on which he sits, where he did his best to convince his colleagues to vote with him against the application.

Second basic principle: You cannot change the rules in the middle of the game. The Newport Beach Municipal Code requires appeals from the city’s planning commission to the city council be brought by “interested parties],” who pay a filing fee and submit their appeal on a form provided by the city. (Newport Beach Mun. Code, § 20.64.030.) The Newport Beach Municipal Code…