SAN MATEO -- The fight over a new 7-Eleven in the San Mateo Heights neighborhood has, as expected, moved to a courtroom.
The convenience store chain and Portfolio Development Partners, the owner of the property on which the market sits, filed a petition Friday in San Mateo County Superior Court requesting that a judge overturn the San Mateo City Council's decision last month to have the 7-Eleven shut down.
The legal action came one day after the city filed its own suit seeking to force the store at 501 N. San Mateo Drive to close.
In a 4-0 vote Jan. 14, the City Council found the 7-Eleven was not a "legal nonconforming use" of the property, which is zoned for housing. But the store has yet to close. The property owner and 7-Eleven have petitioned for the market to remain open until the legal process is resolved.
Portfolio Development Partners argues in its petition that the council's decision, which overruled the opinions of staff members who approved the store in February 2012, had "no factual or legal basis."
The council's rejection of 7-Eleven was a big victory for neighbors who fought the store, claiming it would bring more traffic and crime to the neighborhood.
San Mateo City Attorney Shawn Mason could not be reached to discuss the case Monday. Dick Givens, attorney for the property owner, did not immediately return a call seeking comment.
Contact Aaron Kinney at 650-348-4357. Follow him at Twitter.com/kinneytimes.