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Attorney for California Burrito files appeal to council decision in Norfolk Circuit Court

Court documents filed on behalf of California Burrito accuse Norfolk City Council of "due process violations" and "arbitrary misuse of police power."

NORFOLK, Va. — Owners of California Burrito are fighting back against an October 11 Norfolk City Council decision, which revoked their conditional use permit

The restaurant, with an attached nightclub called The Back, has effectively shut down due to the council vote. The conditional use permit or special exception allowed the business to operate a nightclub, sell alcohol and stay open until 2 a.m.

The recent crackdown from city leaders comes as Norfolk and the downtown area grapple with a rise in crime and gun violence.

However, Assistant City Attorney Katherine Taylor cited California Burrito's series of previous overcrowding violations in her arguments on October 11. 

"This is a situation where we have seen the owner [Miguel Roldan] knowingly not operate within the bounds," Taylor said in front of council during the October public hearing.

"Three allegations of over occupancy violations over the past couple of years, two of which have been previously dismissed by a Norfolk court and one that is pending in the court currently, all of which are disputed by the owners," Attorney Tim Anderson, who now represents California Burrito, told 13News Now in a statement on Tuesday. 

Anderson also represents another downtown business, Legacy Restaurant & Lounge, which had its conditional use permit revoked in September. 

"There has never been any violence at California Burrito before being shut down," Anderson added. "The city is making a habit of targeting and closing minority-owned businesses to score political points."

Anderson filed paperwork in Norfolk Circuit Court on Tuesday partly to set aside council's decision revoking California Burrito's permit. He alleged due process violations and arbitrary misuse of police power, per court documents. 

The documents also included a motion for a preliminary injunction, which if approved by a judge would let California Burrito temporarily operate despite the council vote on October 11 as the trial for appeal plays out. 

Anderson told 13News Now he has not yet been provided with dates to appear in Norfolk Circuit Court, in relation to this case. 

The city declined to comment, regarding the latest filing. 

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