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RUEGG & ELLSWORTH v. CITY OF BERKELEY

No. A164749.

89 Cal.App.5th 258 (2023)

RUEGG & ELLSWORTH et al., Plaintiffs and Respondents, v. CITY OF BERKELEY et al., Defendants and Appellants, CONFEDERATED VILLAGES OF LISJAN et al., Interveners and Appellants.

Court of Appeals of California, First District, Division Two.

March 14, 2023.

Attorney(s) appearing for the Case

Berkeley City Attorney's Office, Farimah Faiz Brown , City Attorney, Brendan Darrow , Deputy City Attorney; Briscoe Ivester & Bazel, Tony Francois , Peter Prows ; Burke, Williams & Sorensen, Kevin D. Siegel , Megan A. Burke and Deepa Sharma for Defendants and Appellants.

Law Offices of Thomas N. Lippe and Thomas N. Lippe for Interveners and Appellants.

Holland & Knight, Jennifer L. Hernandez , Daniel R. Golub , Emily M. Lieban ; Reed Smith, Raymond A. Cardozo and Brian A. Sutherland for Plaintiffs and Respondents.

OPINION

The sole issue on this appeal is whether the trial court exceeded the scope of our remand instructions in Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal.App.5th 277 [277 Cal.Rptr.3d 649] (Ruegg I). In that prior appeal, we reversed...

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