Court Rejects Lawsuit Against the City of Malibu Over Denial of Malibu Beach Inn Hotel Swimming Pool Project
On July 5, 2022, the Hon. James C. Chalfant dismissed the lawsuit brought by Mani MBI LLC, owners of the Malibu Beach Inn Hotel, against the City 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; to 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 (the Hertz Rental Car lot).