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MANHATTAN SEPULVEDA, LTD. v. CITY OF MANHATTAN BEACH

Docket No. B066067.

22 Cal.App.4th 865 (1994)

27 Cal. Rptr.2d 565

MANHATTAN SEPULVEDA, LTD., Plaintiff and Appellant, v. CITY OF MANHATTAN BEACH, Defendant and Respondent.

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

February 17, 1994.

Attorney(s) appearing for the Case

COUNSEL

Whitesell, Ralls & Stroh, Whitesell & Stroh and Herbert A. Stroh for Plaintiff and Appellant.

Carl K. Newton, City Attorney, Burke, Williams & Sorensen and Terry P. Kaufmann for Defendant and Respondent.

OPINION

VOGEL (C.S.), J. —

STATEMENT OF THE CASE

This is an appeal taken from the superior court's decision to deny a petition for a writ of mandate filed by a property owner. At issue is a municipal code section which permits reconstruction of a nonconforming building damaged by fire if the cost to repair does not exceed 50 percent of the building's value prior to the fire. The municipality successfully urged

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