Newsham

Newsham v. Board of Permit Appeals

Good Law
1996 Cal. App. LEXIS 587·46 Cal. App. 4th 930·54 Cal. Rptr. 2d 170·96 Daily Journal DAR 7249·96 Cal. Daily Op. Serv. 4511
Court of Appeal of CaliforniaJune 19, 1996No. A069127California3,212 words

Opinion

Lead Opinion

Dossee, J.

*932 Opinion

Brad Newsham, United Taxicab Workers, Michael K. Sealey, Cab Driver Association of San Francisco, and Bob Westermeyer (collectively, appellants) appeal from the trial court’s judgment denying their petition for a writ of mandate to prevent the Board of Permit Appeals and the Police Commission of the City and County of San Francisco (respectively, the Board and the Police Commission) from issuing 50 new taxicab permits. Appellants contend that the trial court should have granted their petition because the municipal code ordinance that authorized the Board to overrule the Police Commission’s decision to deny additional permits conflicts with both an initiative ordinance and the city charter. 1 We affirm.

I. The Pertinent Regulatory Framework

In the June 1978 primary election, the San Francisco electorate adopted Proposition K, entitled “Ordinance Providing for the Regulation of Taxicabs and Other Motor Vehicles for Hire.” 2 Proposition K provides that “[t]he Police Commission shall issue a sufficient number of permits to assure adequate taxicab service throughout the City and County of San Francisco.” (Prop. K, § 1, subd. (d).)

Under Proposition K, an applicant for…

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