Facts

Hermosa on Metropole LLC and Hermosa NNN LLC sued the City of Avalon over Avalon Municipal Code Section 4-4.1703(g)(1) concerning autoette permits.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that plaintiff Hermosa on Metropole operated the Hermosa Hotel and the Catalina Cottages on land owned by Hermosa NNN located in the City of Avalon in Catalina Island.

Plaintiffs alleged that plaintiffs requested for an autoette permit for the Hermosa Hotel to make available to transient or non-transient occupants of qualifying dwelling units. However, the city denied its request. The city explained that an emergency moratorium was in effect on the issuance of autoette/golf cart permits. Plaintiffs alleged that the city denied its application for the autoette permit without even conducting any study or support for the rejection. Plaintiffs asserted claims for violation of the U.S. Constitution under 42 U.S.C. Section 1983 and for declaratory relief under the U.S. Constitution.

DEFENDANT'S CONTENTIONS:
The city denied plaintiffs' allegations, and asserted various affirmative defenses.

Result

The court entered judgment in favor of the city.

Other Information

FILING DATE: Feb. 6, 2013.