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KALWAY v. CITY OF BERKELEY

No. A112569.

60 Cal.Rptr.3d 477 (2007)

151 Cal.App.4th 827

Maarten KALWAY et al., Plaintiffs, Cross-Defendants and Appellants, v. CITY OF BERKELEY, Defendant, Cross-Complainant and Respondent.

Court of Appeal of California, First District, Division One.

May 31, 2007.

Attorney(s) appearing for the Case

Law Offices of Jonathan Quint, Jonathan Quint, for Plaintiffs, Cross-Defendants and Appellants.

Manuela Albuquerque, Berkeley City Attorney, Zach Cowan, Assistant City Attorney, for Defendant, Cross-Complainant and Respondent.

STEIN, J.

Maarten Kalway inherited two contiguous parcels of land located on Panoramic Hill, Berkeley, an area designated part of the "Hill Hazardous Fire Area," zoned ES-R (Environmental Safety Residential). Panoramic .Hill is a steep area close to parks and wild lands. The zoning designation identifies it as an area with substandard vehicular access that is particularly susceptible to severe damage or destruction from fire and earthquake because of its steep topography...

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