Legal Opinion

Stewart Enterprises, Inc. v. City of Oakland

California Court of Appeal

Decided June 23, 2016No. A143417PublishedCited by 5 opinions

1Opinion of the Court

Opinion

HUMES, P.J.

In May 2012, Stewart Enterprises, Inc., and SE Combined Services of California, Inc. (collectively, Stewart), obtained a building permit to construct a crematorium on a site in East Oakland. Five days later, the Oakland City Council (City Council) passed an emergency ordinance requiring a conditional use permit (CUP) to operate new crematoria. Stewart administratively appealed a determination that the emergency ordinance applied to its proposed crematorium, but Oakland’s planning commission (Planning Commission) denied the appeal. Stewart then brought this action, which…

2Cases cited11 opinions

  1. Avco Community Developers, Inc. v. South Coast Regional CommissionCalifornia Supreme Court · 1976
  2. Fukuda v. City of AngelsCalifornia Supreme Court · 1999
  3. Amaral v. Cintas Corp. No. 2California Court of Appeal · 2008
  4. Board of Administration v. WilsonCalifornia Court of Appeal · 1997
  5. Desmond v. County of Contra CostaCalifornia Court of Appeal · 1993

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Attard v. Bd. of Supervisors of Contra Costa Cnty., California Court of Appeal, 5th District2017
  2. Attard v. Board of Supervisors of Contra Costa CountyCalifornia Court of Appeal · 2017
  3. L'Chaim House, Inc. v. Div. of Labor Standards Enforcement, California Court of Appeal, 5th District2019
  4. South Lake Tahoe Property Owners Group v. City of South Lake TahoeCalifornia Court of Appeal · 2023
  5. South Lake Tahoe Property etc. v. City of South Lake TahoeCalifornia Court of Appeal · 2023

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