Newsham
Newsham v. Board of Permit Appeals
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).)