Burchett

Paul J. Burchett and Doreen A. Burchett appeal the dismissal of their complaint after the court (1) sustained without leave to amend the demurrer of City of Newport Beach (City) and Bob Wynn, city manager, and (2) granted motions to quash service by certain specially appearing City officials and department heads. The Burchetts sought $8.7 million in damages for the City’s refusal to allow them to retain a nonconforming driveway in connection with proposed redevelopment of their residential property.

I

The Burchetts’ property contains a 40-year-old duplex, accessible from an alley abutting the land in the rear as well as by a driveway from the street in front of the building. The front driveway, termed a “curb cut,” is presently a nonconforming use (although allowed for the present building because it predated the policy) by reason of an intervening “Driveway Approach Policy” instituted by the City. Council policy L-2, enacted to preserve street parking and reduce traffic conflict points, provides: “Street curb openings shall not be permitted to residential property which abuts an alley.” A property owner may take exception to the policy and obtain an encroachment…