Surfer's Point v. City of Encinitas CA4/1

Filed 9/20/22 Surfer’s Point v. City of Encinitas CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SURFER’S POINT, LLC, D079271

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2020- 00039124-CU-WM-NC) CITY OF ENCINITAS et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County, Timothy M. Casserly, Blaine K. Bowman, Judges. Affirmed as modified. Smaha Law Group and Kristen Marquis Fritz for Plaintiff and Appellant. Devaney Pate Morris & Cameron, Jeffery A. Morris and Wendy L. House for Defendants and Respondents.

Years after the original development permits for its project issued by the City of Encinitas (City) had expired by operation of law, Surfer’s Point,…