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Board denies rehearing request in Hunt zoning appeal

San Francisco Board of Appeals · July 14, 2010
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Summary

The Board of Appeals denied a rehearing request from appellant Joseph Hunt concerning a dispensary/medical cannabis dispute at 350 Darrow Street, finding no new facts or manifest injustice to warrant reopening the prior decision.

The Board of Appeals voted 4–1 on July 14 to deny a rehearing request in the matter of Joseph Hunt (appeal no. 10-030) involving a dispute over entitlement and alleged abandonment of an MCD use at 350 Darrow Street.

Appellant counsel Brendan Hallinan argued the board’s June decision had relied on a new concern — whether a proposed reopening would change the character of the dispensary’s services — and that Hunt had not been given an opportunity to brief that point at the original hearing. Greg Miller, representing neighborhood interests, and Planning Department staff urged denial, saying no new evidence was presented and no manifest injustice would result from denial. Commissioners debated the standards that govern rehearing — whether “manifest injustice” or new material facts exist — and concluded the record did not justify a rehearing.

The board’s roll-call made the denial final; a notice of decision and order will be issued.