Court found that the action was barred by the statute of limitations
On July 5 Judge James Chalfant dismissed a lawsuit brought by ManiMBILLC, owners of the Malibu Beach Inn Hotel, against the City of Malibu and Mayor Pro Tem Bruce Silverstein challenging the City’s denial of the hotel’s proposed swimming pool project.
The Court found that the action was barred by the statute of limitations, that the owners failed to exhaust their administrative remedies, that the owners did not demonstrate an unacceptable probability of actual bias, and that any bias by Mayor Pro Tem Silverstein was harmless.
On June 14, 2021, the City Council denied Mani MBI LLC’s Coastal Development Permit (CDP) application to allow the Malibu Beach Inn Hotel to construct a new swimming pool and pool deck with dining service in the location of required parking. The application also would have allow it to remodel and convert approximately 268 square feet of office and storage room into bathroom facilities and an equipment room and reconfigure the onsite wastewater treatment system.
The CDP application also sought to allow a portion of the property’s required onsite parking to be located offsite at 22853 Pacific Coast Highway, a Hertz Rental Car lot. The Court found again that the action was barred by the statute of limitations, that the owners failed to exhaust their administrative remedies, that the owners did not demonstrate an unacceptable probability of actual bias, and that any bias by Mayor Pro Tem Silverstein was harmless.
Malibu Beach Inn Hotel did not immediately respond to a request for comment.
