Breneric Associates v. City of Del Mar

Breneric Associates and Stephen Scola (together Breneric) applied to the City of Del Mar (Del Mar) for a permit to build a two-story addition to an existing single-family residence (the residence). A condition to obtaining the permit was approval of the project’s design and issuance of a design review permit by Del Mar’s design review board (DRB). The DRB found that Breneric’s proposed design was inconsistent with the residence’s architectural style and was inharmonious with the surrounding neighborhood and denied Breneric’s application for a design review permit. Del Mar’s city council upheld the DRB ruling.

Breneric filed a lawsuit against Del Mar, seeking (1) a writ of administrative mandate to compel Del Mar to issue the design review permit, and (2) damages under 42 United States Code section 1983 (section 1983). The trial court sustained Del Mar’s demurrer to the section 1983 claim without leave to amend and dismissed that claim. However, the trial court granted Breneric’s petition for a writ of mandate, finding there was insufficient evidence to support denial of the permit. Breneric argues the ruling on his section 1983 claim was error, and by cross-appeal Del…