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Yee v. City of Laguna Beach

Yee v. City of Laguna Beach
06:13:2006


Yee v. City of Laguna Beach





Filed 6/9/06 Yee v. City of Laguna Beach CA4/3



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FOURTH APPELLATE DISTRICT



DIVISION THREE










KAM F. YEE,


Plaintiff and Appellant,


v.


CITY OF LAGUNA BEACH,


Defendant and Respondent.



G035896


(Super. Ct. No. 02CC10851)


O P I N I O N



Appeal from a judgment of the Superior Court of Orange County, Mary Fingal Erickson, Judge. Affirmed.


Kam Foy Yee, in pro. per., and Laura Christine Hess for Plaintiff and Appellant.


Rutan & Tucker and Robert O. Owen for Defendant and Respondent.




Kam Foy Yee brought a petition for writ of administrative mandate after several unsuccessful applications to the City of Laguna Beach (the City) and its Design Review Board (DRB) for a permit to tear down two ocean front, one-story duplexes and build a larger two-story apartment building. The court determined the City's decision was supported by substantial evidence. On appeal, Yee maintains the DRB and the City abused their discretion, and he was denied a fair hearing. In addition, Yee maintains there have been various violations of his constitutional rights. We conclude none of his contentions have merit, and affirm the judgment.


I


In 1990, Yee purchased property having an ocean view of an area commonly referred to as Fisherman's Cove. The parcel is 8,125 square feet and has a triangular shape. The long base of the triangle runs along Cliff Drive and is at the highest elevation. The lot narrows to a point as it slopes downhill towards the ocean. A public walkway to the beach, called â€





Description A decision regarding "writ of administrative mandate" after several unsuccessful applications to the City of Laguna Beach (the City) and its Design Review Board (DRB) for a permit to tear down two ocean front, one-story duplexes and build a larger two-story apartment building.
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