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CIRAULO v. CITY OF NEWPORT BEACH

No. G034963.

54 Cal.Rptr.3d 515 (2007)

147 Cal.App.4th 838

Joseph CIRAULO et al., Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH, Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

January 17, 2007.

Attorney(s) appearing for the Case

Kevin E. Monson, Costa Mesa, for Plaintiffs and Appellants.

Robin L. Clauson, City Attorney, and Daniel K. Ohl, Deputy City Attorney; Rutan & Tucker and Philip D. Kohn, Costa Mesa, for Defendant and Respondent.

BEDSWORTH, Acting P.J.

Joseph and Carole Ciraulo appeal from the trial court's order denying their petition for a writ of mandate. The Ciraulos had sought an order requiring the City of Newport Beach (the City) to grant them a variance from the ordinary strictures of its building code, and thereby allow then to retain the portion of their newly-built home which had been constructed in violation of that code. The Ciraulos argue the trial court's order must be reversed...

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