VAN SICKLEN V. BROWNE 92 Cal.Rptr. 786 (1971) CASE BRIEF

VAN SICKLEN V. BROWNE

92 Cal.Rptr. 786 (1971)

NATURE OF THE CASE: Sicklen (P) appealed from a judgment denying the issuance of a peremptory writ of mandate and discharging the alternative writ upon a petition to review the action of the City Council sustaining the action of the city planning commission denying P's application for a use permit to construct an automobile service station on property which they own within the boundaries of Milpitas.

FACTS: P applied to the planning commission for a use permit to construct an automobile service station on a lot owned by them in the 'HS' Highway Service District. It was denied on grounds that there were enough service stations in the area, it would open the door for more on the same corner, there was no need for another such business with other such stations having a high turnover and vacancy rate, too close to a residential area, and the future freeway to be built is still many years away with detailed ramp drawings yet unavailable. P claimed that the denial was arbitrary and capricious because the commission has no discretion and was obliged to grant the use permit if the parcel for the proposed service station met the minimum width and area requirements set forth in the zoning ordinance. The zoning ordinance expressly provides that automobile service stations may be permitted in the Highway Service District if their location conforms to the objectives of the Master Plan.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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