Clark v. City of Hermosa Beach

In Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152, the plaintiffs challenged a city council's decision to deny a permit application to demolish their duplex and replace it with a two-unit condominium, seeking a writ of administrative mandate pursuant to section 1094.5, and alleging federal civil rights violations under title 42 United States Code section 1983. (Clark, supra, 48 Cal.App.4th at p. 1159.) The court held the plaintiffs were deprived of a fair hearing under state law, reasoning one of the council members had a conflict of interest, the plaintiffs did not have an opportunity to address certain concerns raised by the city council after the public hearing concluded, and the city exhibited bias in connection with an unsuccessful effort to impose a construction moratorium. (Id. at pp. 1172-1173.) Nevertheless, the court found no procedural due process violation because the plaintiffs did not have a federally protected property interest in the development of their project. (Id. at pp. 1182-1183.)