Kling v. City Council of City of Newport Beach

This is an appeal from a judgment denying the appellants’ application for a writ of mandate ordering the city council of Newport Beach to approve a proposed subdivision.

The appellants are the owners of Lot 140 in a tract known as “Shore Cliff” tract. There are 142 lots in this tract, of which 138 lots are subject to a tract restriction providing that only one single family residence may be situated upon each lot. Four lots, including Lot 140 were specifically excepted from that restriction. These four lots form the northerly end of the tract, and face the state highway on one side. Lot 140 is…