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WOLLMER v. CITY OF BERKELEY

No. A122242.

179 Cal.App.4th 933 (2009)

STEPHEN WOLLMER et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents; 1950 MLK, LLC, Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division Five.

As modified November 24, 2009.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Stuart M. Flashman and Anna DeLeon for Plaintiffs and Appellants.

Zachary D. Cowan, Acting City Attorney, for Defendants and Respondents.

Baird Holm and David C. Levy for Real Party in Interest and Respondent.

OPINION

BRUINIERS, J.—

This case arises out of approval by the City of Berkeley and the Berkeley City Council (collectively, City) of use permits and zoning variances for a mixed-use development project consisting of residential units and retail commercial space. Appellants Stephen Wollmer and Neighbors for a Livable Berkeley Way (Wollmer)1 appeal from a judgment denying their petition for writ of mandate...

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