AHF lawsuit time-barred, meritless

San Francisco City Attorney Dennis Herrera (at a 2013 news conference with Attorney General Kamala Harris) said: "Courts have long recognized local governments’ broad authority to regulate land uses in myriad ways."
San Francisco City Attorney Dennis Herrera (at a 2013 news conference with Attorney General Kamala Harris) said: “Courts have long recognized local governments’ broad authority to regulate land uses in myriad ways.”

In its second lawsuit over a proposed formula retail pharmacy on Castro Street, AHF is ‘mistaken that the U.S. Constitution allows it to put chain stores wherever it wants’

A controversial advocacy group that Newsweek magazine described as “extremely litigious” has sued San Francisco in federal court again, alleging that city officials violated the organization’s constitutional rights by disapproving its conditional use request for a formula retail pharmacy.  The lawsuit filed by the Los Angeles-based AIDS Healthcare Foundation is the second such action involving its proposed establishment at 518 Castro Street. 

But the AHF complaint—which seeks $500,000 in damages from city taxpayers, plus attorneys’ fees—missed the 90-day deadline for such actions by one day (apparently neglecting to count 2016’s quadrennial “Leap Day” on Feb. 29). 

In response, City Attorney Dennis Herrera said: “Because AHF’s new lawsuit is time-barred, we won’t need to address its utter lack of merit and other procedural infirmities.  As with its prior suit, however, AHF is mistaken that the U.S. Constitution allows it to put chain stores wherever it wants.  Courts have long recognized local governments’ broad authority to regulate land uses in myriad ways, and San Francisco is no exception.”  [Read more]


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