Facts: HEPE hired firm after they were denied a permit to operate by the city council. The city had not been enforcing certain city ordinances regarding operation and was issuing some operations permits in error of the ordinances. HEPE appealed and asked to be given a permit since they had been operating without issue since 2020 and all other operations, similarly situated, were granted permits. The city denied the request.
Outcome: The firm sent a demand letter to the city council advising that the firm would file a civil lawsuit if the city did not issue a permit. The city was acting outside their legal authority, failing to act on a ministerial duty and discriminating against HEPE who were undistinguishable from other operations who were granted permits by the city. After the council brought the case back up for review, the city approved the permit.