Flagstad v. City of San Mateo

Defendants Regan and General Petroleum Corporation, as lessor and lessee, applied for a zoning variance permitting construction and operation of a service station. After a tie vote in the city planning commission, the application was heard by the city council, which granted the variance in modified form. Plaintiff, owner of adjoining property, brought this action seeking writ of mandate or of review. Upon return to the alternative writ and after full hearing, the trial court issued writ of mandate invalidating the grant of variance and directing further hearing by the city council. Defendants…