Young v. City of Coronado

Appellants Arthur Young and John Young, as Trustees and on behalf of the J.S. Abbott Trust, sought a permit to demolish a small cottage on a parcel of land located in Coronado, California (the City). Because the cottage was more than 75 years old, the Coronado Historic Resource Commission (Commission) reviewed the property for potential historical significance. The Commission ultimately concluded that the dwelling should be designated as a historic resource under the Coronado Municipal Code (the CMC). Appellants appealed the determination to the Coronado City Council, which agreed with the Commission's assessment and affirmed the property's designation as a Coronado historic resource. The effect of this designation placed additional limits on a property owner's ability to alter or demolish the property without taking certain ameliorative steps and/or demonstrating a heightened need for the action pursuant to Chapter 84.20 of the CMC. Appellants filed a petition for a writ of mandate seeking review of the City's designation of the property as a historic resource. The trial court denied appellants' petition. Appellants sought review of the trial court's denial of their petition for mandate. Appellants contended that the City abused its discretion in denying them a demolition permit because the City Council's resolution failed to contain sufficient findings to support the conclusion, the City failed to apply its own mandatory guidelines in holding the hearing and making its findings, and the findings are not supported by sufficient evidence. The Court of Appeal concluded appellants have not established that the City abused its discretion in designating the dwelling subject property as a historic resource and denying a demolition permit. The Court therefore affirmed the judgment of the trial court. View "Young v. City of Coronado" on Justia Law