A portion of the civil lawsuit between the city of San Mateo and 7-Eleven and Portfolio Development Partners was heard yesterday by Judge George Miram.
The outstanding legal battle over whether the store on San Mateo Drive should be allowed to stay open after the City Council ruled the retail use of the land was illegal may hinge on Miram’s decision after all parties presented arguments over PDP and 7-Eleven’s motion to strike the City Council’s decision, said City Attorney Shawn Mason.
The original lawsuit filed by the city to remove the 24-hour convenience store will be heard at a later date, Mason said.
The city is arguing that 7-Eleven is operating illegally in a residential zone and that, although planning staff misinterpreted the code and consequentially issued building permits in error, the council took legally appropriate means to revert the mistake, said City Attorney Shawn Mason.
PDP and 7-Eleven’s suits ask the court to overturn the council’s decision. Three weeks after filing the first motion, both parties filed another suit alleging the city violated the Brown Act, California’s open meeting law.
Miram will now have to consider at least 60 pages of arguments provided by all parties’ counsel before making a decision, Mason said.
Should the judge rule in favor of 7-Eleven and PDP’s lawsuits after yesterday’s hearing, the city’s chances at winning its suit and having the court order 7-Eleven to vacate will be slim, Mason said.