Mountain View Chamber of Commerce v. City of Mountain View

In Mountain View Chamber of Commerce v. City of Mountain View (1978) 77 Cal.App.3d 82, plaintiffs sought to enjoin enforcement of zoning ordinances relating to sign regulations and for declaratory relief. On appeal from order denying preliminary injunction on ground of lack of jurisdiction for their failure to exhaust their administrative remedies by applying for a variance, appellants, as defendants here, asserted that they were excused from complying with the requirement of exhaustion of administrative remedies because they alleged the zoning ordinance is unconstitutional on its face and unenforceable as applied to them as an abridgement of their right of free speech. Rejecting their contention the Court said at page 93: "No case is cited by appellants which excuses compliance with the doctrine of exhaustion of administrative remedies because of claimed unconstitutionality of a zoning ordinance. It is well settled law in California that the doctrine of exhaustion of administrative remedies applies to constitutional challenges of zoning ordinances." After citation of various zoning cases in which constitutional challenges were precluded because of failure to exhaust administrative remedies, the Court held that appellants were required to first exhaust the administrative remedies set out in the ordinance before seeking judicial relief (p. 94), and concluded that if appellants exhaust their administrative remedy and are denied relief they then in a judicial proceeding can challenge the constitutionality of the entire ordinance or a particular provision therein as it affected their property and/or business (p. 95).