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MILLER v. BOARD OF SUPERVISORS

Docket No. 60601.

122 Cal.App.3d 539 (1981)

176 Cal. Rptr. 136

FRANK MILLER et al., Plaintiffs and Respondents, v. BOARD OF SUPERVISORS OF SANTA BARBARA COUNTY, Defendant and Appellant; MARRIOTT CORPORATION, Real Party in Interest and Appellant.

Court of Appeals of California, Second District, Division Five.

August 12, 1981.

Attorney(s) appearing for the Case

COUNSEL

Kenneth L. Nelson, County Counsel, Robert D. Curiel, Acting County Counsel, and Susan Trescher, Deputy County Counsel, for Defendant and Appellant.

Cavalletto, Webster, Mullen & McCaughey and James W. Brown for Real Party in Interest and Appellant.

Bycel, Gray & Plebuch, Benjamin Bycel and Bruce Wm. Plebuch for Plaintiffs and Respondents.

OPINION

ASHBY, J.

The trial court granted a peremptory writ of mandate compelling the Board of Supervisors of the County of Santa Barbara to vacate an order granting a zoning variance to real party in interest Marriott Corporation, doing business as Marriott's Santa Barbara Biltmore Hotel (hereinafter the Biltmore or the hotel). The board and the hotel appeal.

In 1930 the county adopted zoning ordinance No. 453. The hotel...

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