Beek v. City of Newport Beach

Full title: ALLAN BEEK, Plaintiff and Appellant, v. CITY OF NEWPORT BEACH et al.…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Jul 21, 2009

No. G041074 (Cal. Ct. App. Jul. 21, 2009)

Opinion

ALLAN BEEK, Plaintiff and Appellant, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents, WILLIAM P. FICKER et al., Interveners and Respondents. G041074 California Court of Appeal, Fourth District, Third Division July 21, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 07CC12177

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

ARONSON, J.

It is ordered that the opinion filed herein on June 23, 2009, be modified as follows:

1. On page 2, first sentence of the first full paragraph, delete the phrase “next to the library in a four-acre portion” and substitute it with “in a portion” so the sentence reads:

2. On page 3, second sentence of the second full paragraph, delete the phrase “the Irvine Company remained on the deed for nearly another decade” and substitute it with “no grant deed was recorded for nearly a decade” so the sentence reads:

3. On page 9, fourth sentence of the first full paragraph, delete the phrase “any prior use restrictions by mutual consent” and replace it with “it ‘in whole or in ‘part’ by mutual written and executed consent” so the sentence now reads:

These modifications do not change the judgment. The petition for rehearing is DENIED.

WE CONCUR: RYLAARSDAM, ACTING P. J., FYBEL, J.