Consaul v. City of San Diego

I respectfully dissent. I disagree with the majority as to the

facts of this matter, the applicable standard of review, and the controlling precedent as set forth by our Supreme Court in various cases. I would, for the reasons set forth below, reverse.

Appellants Robert and Eva Consaul and Thomas Ahrens (collectively, Ahrens) own a 1.06-acre of undeveloped land in a highly urbanized area of *1803San Diego (City). Ahrens petitioned the superior court for a writ of mandate after their land was downzoned from multifamily residential (R-1000) to single-family dwelling (R1-5000). The superior court…