Fink Trash Enclosure Encroachment: OPINION, WOODY’S GROUP, INC., et al. Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents.

ABSTRACT: On February 6, 2018, upon a motion made by Councilmember Hardy, seconded by Mayor Steve Dallas, the City Council voted 3-1 to deny the permit for the trash enclosure adjacent to Cantinetta Luca in Piccadilly Park (AYES: COUNCILMEMEBERS: Dallas, Hardy, Theis, NOES: COUNCILMEMBER Richards, RECUSE COUNCILMEMBER Reimers). Previously, in a February 2, 2018 email, Jason Retterer, JRG Attorneys at Law, representing Cantinetta Luca owner David Fink, wrote to Glen R. Mozingo, City Attorney, “If the Council proceeds with the hearing, the City once again faces significant legal exposure based on the Woody Group's case discussed in the attached letter, particularly if Mayor Dallas does not recuse himself from hearing the application and/ or the application is denied.” The OPINION, WOODY’S GROUP, INC., et al. Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents. G050155 (Super. Ct. No. 30-2013-00687091) document copy is embedded.

REFERENCE: Curtains rise on political theater as Carmel council denies permit for 12-year-old trash enclosure. Pam Marino Feb 8, 2018 MONTEREY COUNTY WEEKLY


JRG
February 2, 2018
Vja Email
Mr. Glen R. Mozingo
City Attorney
City of Carmel by the Sea
P.O. Box CC
Carmel-by-the-Sea, CA 93921
carmelcityatty@aol.com
RE: Fink Trash Enclosure Encroachment (EN 17-67)
File No.:3128.019

OPINION Super. Ct. No. 30-2013-00687091 01-29-2015 by L. A. Paterson on Scribd

Filed 1/29/15
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
WOODY’S GROUP, INC., et al. Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents.
G050155
(Super. Ct. No. 30-2013-00687091)
O P I N I O N