ZONING & PLANNING - CALIFORNIA

Bottini v. City of San Diego

Court of Appeal, Fourth District, Division 1, California - September 18, 2018 - 27 Cal.App.5th 281 - 238 Cal.Rptr.3d 260 - 18 Cal. Daily Op. Serv. 9490 - 2018 Daily Journal D.A.R. 9528

Lot owners, who had demolished potentially historic cottage and applied for coastal development permit to construct new house, petitioned for writ of mandamus to challenge city council’s decision that project was not exempt from California Environmental Quality Act (CEQA) review, and additionally filed complaint for damages based on violations of takings, due process, and equal protection clauses of the California Constitution.

The Superior Court granted the petition but granted summary judgment for city on lot owners’ constitutional claims. Following dismissal of initial appeal for lack of jurisdiction, city appealed, and lot owners cross-appealed.

The Court of Appeal held that:



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