Clark v. City of Hermosa Beach

Douglas and Cheryl Clark own a duplex in the City of Hermosa Beach, California (the City). In 1992, they applied to the Hermosa Beach Planning Commission for permits to demolish the duplex and replace it with a two-unit condominium. The commission approved the project. The matter was appealed to the city council (the Council). By a three-to-two vote, the Council denied the permits, finding the size of the proposed structure to be excessive.

The Clarks filed this action, seeking a writ of administrative mandate (Code Civ. Proc., § 1094.5) and alleging a violation of federal civil rights ( 42 U.S.C. § 1983 ). The trial court granted the writ petition, directing the City to rescind the Council decision and to reinstate the planning commission’s approval of the project permits. The court also found for the Clarks on their civil rights claim, awarding them $213,300 in damages and $133,895.21 in attorney fees and litigation expenses.

On appeal, the City challenges the trial court’s determination of liability, the award of damages, and the calculation of attorney fees and costs. In the published portion of this opinion, we conclude that the Clarks were deprived of a fair…