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SHELL OIL CO. v. CITY AND COUNTY OF SAN FRANCISCO

Docket No. 51285.

139 Cal.App.3d 917 (1983)

189 Cal. Rptr. 276

SHELL OIL COMPANY et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

February 15, 1983.

Attorney(s) appearing for the Case

COUNSEL

Fabris & Ring, Alvin J. Fabris and David D. Ring for Plaintiffs and Appellants.

George Agnost, City Attorney, Burk E. Delventhal and Alice Suet Yee Barkley, Deputy City Attorneys, for Defendants and Respondents.

OPINION

RACANELLI, P.J.

On appeal from a denial of mandate, we consider the dispositive issue whether a lessee under a written real property lease has standing to apply for a conditional use permit as an "owner" within the meaning of section 303, subdivision (b) of the San Francisco City Planning Code.1 For the reasons discussed herein, we conclude that appellant-lessee is entitled to apply for the conditional...

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