J. Arthur Props., II, LLC v. City of San Jose

*482 Plaintiff SV Care operated a medical marijuana collective in a commercial zoning district in San Jose. Plaintiff J. Arthur Properties, II, *483 LLC owns the building in which SV Care operated. Defendants City of San Jose and City of San Jose Appeals Hearing Board (collectively, the City) determined that a medical marijuana collective was not an authorized use of the subject property and ordered the collective to close. Plaintiffs appeal the denial of their petition for writ of administrative mandate, arguing that the collective is a legal nonconforming use and that the City should be equitably estopped from forcing plaintiffs to close. For the reasons stated here, we will affirm the trial court's decision. *367 I. ADMINISTRATIVE AND TRIAL COURT PROCEEDINGS

Plaintiffs 1 own the subject property and the medical marijuana collective at issue. At all relevant times, the subject property was zoned Commercial Office under the City of San Jose Municipal Code (Municipal Code). The Municipal Code defines the Commercial Office zone as a "district in or near residential areas or between residential and commercial areas." The property abuts a residential use.

A. REGULATIONS IN EFFECT…