Breneric Associates v. City of Del Mar

In Breneric Associates v. City of Del Mar (1998) 69 Cal.App.4th 166, the plaintiff joined a petition for writ of administrative mandate on a land-use issue with a section 1983 claim. The section 1983 claim asserted that the defendant deprived plaintiff of his right to substantive due process by arbitrarily and capriciously denying a permit. (Id. at p. 180.) The claim also included an equal protection violation based on the allegation that the defendant rejected the plaintiff's permit application but approved projects by similarly situated applicants. (Id. at p. 186.) Finally, the section 1983 claim sought damages for an alleged taking. (Id. at p. 188.)