Vichy Springs Resort, Inc. v. City of Ukiah

BACKGROUND

In January 2018, Vichy sued to (1) set aside the building permit issued by the City in December 2017 authorizing the demolition of the Club’s existing main shooting range and construction of a new range, and (2) enjoin operation of all unauthorized and improperly authorized activity at the Club until the City and the County have properly exercised their regulatory authority over the Club’s use of the property and issued the necessary permits. The petition described the Project as follows: “In order to accommodate the increase in use, the Gun Club is undertaking to demolish the main range and rebuild with a different and modern structure.” The petition also detailed an alleged “pattern and practice of failing to regulate” the Club by both the City and the County, and sought a declaration that the property is subject to land use regulation by both entities. As amended, the Petition alleges that the County erroneously determined that the City’s ownership of the property rendered the Club’s activities immune from the County’s regulatory authority under Government Code sections 53090 and 53091, which (as relevant here) exempt cities from a county’s building and zoning…