Shadowview Corp. v. City of Victorville CA4/2

INTRODUCTION

In August 2013, the City Council of the City of Victorville, appellant, upheld a

1 planning decision to revoke a conditional use permit (CUP) and a business license for the

nightclub T/Zers Sports Bar and Grill, which was operated by respondents Shadowview

Corporation (Shadowview) and George Thanos (collectively T/Zers). The City now

appeals from the superior court’s grant in November 2013 of a petition for writ of

administrative mandamus, directing the City to set aside its revocation decisions and

allowing T/Zers to continue operating. (Code Civ. Proc., §§ 904.1, subd. (a)(1), and

1094.5, subd. (h)(3).) Although we think the appeal is largely moot, we reverse the

judgment.

II

MOOTNESS

During the past few years, T/Zers has been the site of numerous crimes, including

homicide. In July 2013, the City’s planning commission revoked the CUP and the

business license, which are required to operate a nightclub within 300 feet of a residence.

The planning commission’s grounds for revocation included findings that the operation

of T/Zers was a nuisance1 and was contrary to the peace, health, safety, and general

The Victorville Municipal Code (VMC) section…