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BRENERIC ASSOCIATES v. CITY OF DEL MAR

No. D024838.

81 Cal.Rptr.2d 324 (1998)

69 Cal.App.4th 166

BRENERIC ASSOCIATES et al., Plaintiffs and Appellants, v. CITY OF DEL MAR, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

December 15, 1998.

Attorney(s) appearing for the Case

Joseph S. Carmellino, La Jolla, for Plaintiffs and Appellants.

Mark A. Potter, San Diego, for Defendant and Respondent.

James S. Burling and Stephen E. Abraham, Sacramento, Amici Curiae on behalf of Pacific Legal Foundation.

Ruth Sorensen, Sacramento, Amicus Curiae on behalf of California State Association of Counties.

McDONALD, J.

Breneric Associates and Stephen Scola (together Breneric) applied to the City of Del Mar (Del Mar) for a permit to build a two-story addition to an existing single-family residence (the residence). A condition to obtaining the permit was approval of the project's design and issuance of a design review permit by Del Mar's Design Review Board (DRB). The DRB found that Breneric's proposed design was inconsistent with the residence's architectural style and...

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