McKean Natural Gas v. City of San Diego
Plaintiffs, McKean Natural Gas Company and John Vertullo (together McKean), appeal a judgment in favor of defendant, the City of San Diego (the City), and intervenor, Neighborhood Organization for Preserving Open-Space Designation (NOPOD), entered after the court sustained without leave to amend their demurrer to the first amended complaint. McKean contends the court erred by finding it was required to challenge the City's action through a petition for writ of administrative mandamus (Code Civ. Proc.,
1094.5), and the first amended complaint sufficiently stated a cause of action under 42 United States Code section 1983 for violation of its constitutional equal protection rights. Court affirm the judgment.
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