North County Advocates v. City of Carlsbad

Filed 9/10/15; pub. order 10/9/15 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

NORTH COUNTY ADVOCATES, D066488

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2013-00061990-

CU-WM-NC)

CITY OF CARLSBAD,

Defendant and Respondent,

PLAZA CAMINO REAL, LP, et al.,

Real Parties in Interest.

APPEAL from a judgment of the Superior Court of San Diego County, Robert P.

Dahlquist, Judge. Affirmed in part, reversed in part with directions.

DeLano & DeLano, Everett L. DeLano III and M. Dare DeLano, for Plaintiff and

Appellant.

Celia A. Brewer and Jane Mobaldi for Defendant and Respondent City of

Carlsbad.

Alston & Bird, Edward J. Casey and Andrea S. Warren, for Real Parties in

Interest. Real Parties in Interest Plaza Camino Real, LP and CMF PCR, LLC (collectively,

"Westfield") proposed to renovate a shopping center originally built in the City of

Carlsbad (City) over 40 years ago.1 The City approved Westfield's request to renovate a

former Robinsons-May store and other small portions of the shopping center (the

project). North County Advocates…