23 Aug 2014
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Court Order Sought Against 'Mercado'

A neighboring property owner says there aren't enough parking spots for a convenience store. He wants the courts to issue a permanent injunction.

Court Order Sought Against 'Mercado'

Daniel L. Friess, who serves on the city's Design Review Committee, is asking the courts to banish a convenience store from the former  on Camino Capistrano.

There are not enough parking spots to accommodate the mini-mart, Friess contended in his request for a court injunction filed Wednesday in Orange County Superior Court.

Friess owns commercial property adjacent to the , which in addition to personal products, will also sell fresh produce and meats. He argues his properties will suffer "nuisances" at the hand of the new business. 

"The [parking] shortage will prompt the customers and employees of Mercado to park on the properties owned and managed" by Friess, he wrote in his request for a writ of mandate.

Friess made similar claims when he successfully appealed the Planning Commission to change the Mercado's business classification from "retail" to "grocery store," which requires more parking stalls than what's available at the now-empty thrift store.

His appeal, however,  to draw more customers than the thrift store did before vacating the space. 

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In the petition filed Wednesday, Friess asks the court to require the city to set aside approval of Mercado and that it issue a restraining order and a permanent injunction against the business owners. He also asks to be reimbursed for attorney fees.

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