NORFOLK, Va. (WAVY) — California Burrito has filed for an appeal weeks after Norfolk City Council voted to revoke the restaurant’s Conditional Use Permit (CUP).

In documents acquired by 10 On Your Side’s Brett Hall, Tim Anderson, the attorney for California Burrito, filed the appeal declaring the actions of the City Council to revoke the business’s C.U.P. as “unlawful, invalid,” and void in violation of California Burrito’s rights Anderson says is protected by due process.

Read the full appeal here

The documents also claim that the City Council’s actions in revoking the CUP as arbitrary and a “misuse of police powers violating the fairly debatable standard.”

California Burrito is the fourth business in downtown Norfolk to shut down in the past month as part of the city’s effort to prevent violence downtown and increase public safety related to nightlife.

Council revoked the C.U.P with a 6-2 vote during a scheduled city council meeting, claiming that the restaurant violated its permit on multiple occasions by exceeding the venue’s 49-person capacity.

The permit allows a business to operate from 11 a.m. to 2 a.m., have a DJ/live music and a dance floor. Without the permit, the business can’t operate.

Michael Roldan, the owner of California Burrito, has operated his business on Granby Street for seven years.

“I am not a bad guy. I have been here for seven years. There have been no fights, no violence, no shootings,” Roldan told 10 On Your Side in a recent interview. “I feel like we operate a business Granby Street needs. The way they are doing this, I am kind of a little bit lost.”

Regarding the issue of overcrowding, California Burrito stated in the appeal that the two previous overcrowding violations referenced in the revocation hearing were previously dismissed and that a third violation for overoccupancy is currently pending and has “not been adjudicated by a court.”

They also claim that, through counsel, they were denied the opportunity to call witnesses, cross-exam accusers, or present evidence to dispute the allegations during the 20-minute hearing.

California Burrito is now asking a judge to step in and void the actions of the City Council.

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