Muskan Food & Fuel, Inc. v. City of Fresno

FACTS

Parties Muskan Food is a California corporation that owns real property located at the southeast corner of West Clinton Avenue and North Blythe Avenue in Fresno where it operates a convenience store and gas station as a Johnny Quik franchisee. Rajdeep Singh is the president and part owner of Muskan Food. Analyst Properties, LLC, a California limited liability company, owns a 1.69 acre lot at the southwest corner of West Clinton Avenue and North Blythe Avenue (Subject

2. Property), just across the street from Muskan Food’s location. Kulvir Sekhon and Diwan Sekhon each own a 50 percent membership interest in Analyst Properties, LLC. Kulvir Sekhon and Analyst Properties, LLC, are the real parties in interest (collectively, Real Parties). The Subject Property lies within the boundaries of respondent City. It is covered by the City’s General Plan, City’s West Area Community Plan, and the zoning ordinance contained in the Fresno Municipal Code (Municipal Code or FMC). The Proposed Development In 2015, Real Parties purchased the Subject Property based on advice from City staff that existing zoning and land use regulations would allow a gas station and convenience store to be…