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SAVE OUR NTC, INC. v. CITY OF SAN DIEGO

No. D039615.

129 Cal.Rptr.2d 306 (2003)

105 Cal.App.4th 285

SAVE OUR NTC, INC., Plaintiff and Appellant, v. CITY OF SAN DIEGO et al., Defendants and Respondents.

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

As Modified on Denial of Rehearing February 10, 2003.

Review Denied April 9, 2003.

Attorney(s) appearing for the Case

Haskins & Associates, Steven W. Haskins, Bonita, Margaret L. Coates, San Diego, Cyrus Seradj, Shad Cavoulas, San Diego, and Kris Jacobs, for Plaintiff and Appellant Save Our NTC, Inc.

Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, John P. Mullen, Deputy City Attorney, for Defendants and Respondents City of San Diego.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriguez, Assistant Attorney General, Hayley Peterson, Deputy Attorney General, for Defendant and Respondent California Coastal Commission.

Gray, Cary, Ware & Freidenrich, Mark C. Zebrowski, and Mary A. Lehman, San Diego, for Defendant and Respondent McMillin-NTC, LLC.

McINTYRE, J.

Save Our NTC, Inc. (SONTC) filed a petition for writ of mandamus and a complaint for declaratory and injunctive relief against the City of San Diego (the City), the California Coastal Commission (the Commission), McMillin-NTC, LLC and others. SONTC seeks to enforce a zoning ordinance created pursuant to a 1972 voter initiative known as Proposition D against property that was previously operated by the United States Navy as a naval training center but...

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