RUEGG & ELLSWORTH v. CITY OF BERKELEY

No. A159218.

63 Cal.App.5th 277 (2021)

277 Cal. Rptr. 3d 649

RUEGG & ELLSWORTH et al., Petitioners and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents; CONFEDERATED VILLAGES OF LISJAN et al., Interveners and Respondents.

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

April 20, 2021.


Attorney(s) appearing for the Case

Reed Smith, Raymond A. Cardozo , Brian A. Sutherland ; Holland & Knight, Jennifer L. Hernandez , Daniel R. Golub and Emily Martinez Lieban , for Petitioners and Appellants.

Matthew Gelfand for Californians for Homeownership, Inc., as Amicus Curiae on behalf of Petitioners and Appellants.

Farimah F. Brown , City Attorney, Christopher D. Jensen , Assistant City Attorney; Burke, Williams & Sorensen, Kevin D. Siegel , Megan A. Burke and Deepa Sharma for Defendants and Respondents.

Law Offices of Thomas N. Lippe and Thomas N. Lippe for Interveners and Respondents.

Kaplan Kirsch & Rockwell, Matthew G. Adams , Sara A. Dutschke ; and Sharee Williamson for National Trust for Historic Preservation as Amici Curiae on behalf of Defendants and Respondents and for Interveners and Respondents.

Courtney Ann Coyle for United Auburn Indian Community of the Auburn Rancheria as Amicus Curiae on behalf of Defendants and Respondents and for Interveners and Respondents.

Colantuono Highsmith & Whatley, Michael G. Colantuono and Matthew T. Summers for League of California Cities as Amicus Curiae.


OPINION

Ruegg & Ellsworth and Frank Spenger Company applied to the City of Berkeley (City) for approval of a mixed-use development pursuant to Government Code section 65913.4, which provides for streamlined, ministerial approval of affordable housing projects meeting specified requirements and conditions. The City...

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