Collins v. City of Alameda
Francis Collins (Collins) appeals from the trial courts denial of his petition for writ of mandate to compel the City of Alameda (City) to rezone his property for residential use in accordance with the Citys general plan. The City cross-appeals, challenging the trial courts designation of Collins as the prevailing party for purposes of recovering costs. We conclude that the court properly denied the petition for writ of mandate and affirm that decision. Further, we conclude that the courts order designating Collins as the prevailing party was erroneous, and reverse it. As the prevailing party, the City is statutorily entitled to costs, and Court remand to the trial court to make such an award.
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