2017

• May 2017 - The Kirbys bought the late 1920’s era home in North Laguna, next door to Mrs. Kirby’s childhood home. The home had 60 years of deferred maintenance, and at only 19’ across with stairs & a hallway through the middle and truly only one usable bedroom, the home had been bought and sold many times by families who ultimately found it unlivable. The Kirbys planned to restore the main house and add on bedrooms over the secondary rear section of the house for their children, a home office, and garage.

• Aug 2017 - The Kirbys submitted initial plans to the City. Because it is listed on the City’s voluntary historic register, the City scheduled a site visit.

• Oct 2017 - The City conducted a site visit and informed the Kirbys that the house would need to go through the historic review process, as expected.

2019

• Jan 2019 - The Kirbys attended a meeting with the Heritage Committee, who approved their adjusted plans with very minor modifications, to which the Kirbys agreed.

• Mar 2019 - Revised plans were submitted to the City.

• May 2019 - The City returned with comments and requested minor changes, which directly addressed any potential issues with CEQA compliance.

• Jul 2019 - The Kirbys submitted revised plans to the City, which were approved under guidance from the Senior Planner who holds a Master’s degree in Historic Preservation from the University of Pennsylvania. Plans were approved. The Kirby’s architect has vast experience with historic properties, having been recognized for his preservation skills while studying architecture at Arizona State University. He also served on the Heritage Committee for the City of Laguna Beach for several years and has been the architect for many preservation projects in Laguna Beach, including the historic Heisler Building on Coast Highway.

• Sep 2019 - Staking poles went up at 369 Hawthorne Road.

• Sep 2019 - Neighbor Dennis Sundman submitted letters to project architect Todd Skenderian and the City stating that the project will block his view down the back alley and claiming that the Kirbys have made no attempt to discuss the project with him, meanwhile directly quoting from a friendly email that Mrs. Kirby sent him the week prior.

• Sep 2019 - Mrs. Kirby saw Dennis Sundman walking by the house and, as a follow up to the email she sent the prior week, asked him if he will discuss the project so they can work together on a solution. Sundman replied curtly, “It looks pretty serious,” and refused to speak further, walking away.

• Nov 2019 - Architect Todd Skenderian received a call from Sundman’s attorney, advising of his representation of Dennis Sundman. Todd met with the lawyer and Dennis Sundman at the upper unit of the rear structure on Sundman’s property to see the view down the alley that the Kirby project would affect.

2021

• Jan 2021 – A Bay-area attorney and historic activist called the Kirbys’ lawyer and informed him that Dennis Sundman had joined the board of the Historic Architecture Alliance, which was formed for the express purpose of litigating against the Kirbys alongside The Laguna Beach Historic Preservation Coalition (we refer to these as “the Groups”). At the Kirby’s direction, their lawyer asked if these Groups had recommendations on what could be done to the Kirby house plans to avoid the litigation.

• Feb 1, 2021 - The Groups’ lawyer returned with a plan that only included an addition of a very small one-story structure in the rear of the property, half of which would be a single-car garage, leaving the other half for a small bedroom for the Kirby's 5 and 7 year old children. The response also had other stipulations such the prohibition of building a playhouse for the Kirby children, paying all fees accrued by Dennis Sundman, etc. The Kirbys’ lawyer replied that the Kirbys would need some time to review their suggestions.

• Feb 3, 2021 (two days later) - The Groups’ lawyer filed a lawsuit without further discussion of the Groups’ proposed redesign of the Kirby family home. This came as a surprise. The Kirbys’ lawyer offered that the Kirbys would consider abandoning their CEQA categorical exemption for a waiver of fees.

• Feb 4, 2021 - The Groups rejected the Kirby offer, so the Kirbys’ lawyer requested the Group’s settlement demand. The Groups’ lawyer replied that she did not like the term "demand" but told the Kirbys’ lawyer that Sundman and the Groups had incurred well over $50,000  in "accrued actual attorney's fees and costs".

• Aug 31, 2021 - A hearing date at the Superior Court of Orange County was set for February 4, 2022.

2023

• Jan 2023 – The Groups’ lawyer filed their opening brief to the State of California’s Court of Appeal, Fourth Appellate District, Division Three. The City of Laguna Beach and Kirby Family filed their Joint Respondents’ Brief shortly after.

• May 9, 2023 - The California Court of Appeal, Fourth Appellate, District Division 3 set the date of June 20, 2023 at 1:30pm to hear oral arguments in the appeal.

• Sep 9, 2023 - The California Court of Appeal affirmed the original judgement from over a year prior, confirming that the City of Laguna Beach acted properly in its review and approval of the Kirby’s house plans.

• Sep 18, 2023 - The opposing Groups’ filed a Petition for Rehearing.

• Late Sep 2023 - Multiple parties requested that the Court of Appeal officially publish the opinion that the City of Laguna Beach acted properly.

• Oct 6, 2023 - The Court of Appeal published the opinion in the Official Report and denied the opposing Groups’ petition for rehearing.

• Nov 14, 2023 - The opposing Groups submitted a Petition for Review and a Request for Depublication to the state Supreme Court.