San Diegans for Open Government v. City of San Diego
Annotate this CasePlaintiff-petitioner San Diegans for Open Government (SDOG) appealed a judgment denying its petition for writ of mandate and complaint for declaratory and injunctive relief that challenged a decision by defendant and respondent City of San Diego (City) approving a real property lease with defendant and real-party-in-interest BH Partnership (BH). Since 1953, BH and its predecessors have leased from City certain real property in Mission Bay Park on which it operated the Bahia Resort Hotel. In late 2012, the city council approved a 40-year lease agreement that would extend BH's tenancy of that property. However, because that approval did not include a statement of the property's fair market value, approval of the lease agreement was placed on the city council's agenda for its February 26, 2013, meeting for reconsideration. BH hired appraiser Bruce Goodwin to establish the property's fair market value. SDOG contended City erred by approving the lease because the evidence was insufficient to support its finding the appraisal of the property was performed by an independent appraiser. Because there was substantial evidence to support the city council's finding Goodwin was an independent fee appraiser within the meaning of San Diego Municipal Code section 22.0901, the Court of Appeal concluded SDOG did not carry its burden to show the city council abused its discretion by approving the lease between City and BH.
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