Friends of Westwood, Inc. v. City of Los Angeles

This appeal arises from denial of a preliminary injunction. This injunction would have prohibited construction of a proposed office tower pending trial of the underlying lawsuit. The lawsuit, in turns, seeks a writ of mandate and injunctive relief preventing construction of the building unless and until the City of Los Angeles complies with provisions of the California Environmental Quality Act requiring environmental assessment of projects which have potential environmental consequences.

The case presents a fundamental issue under California’s environmental protection legislation: Is the issuance of a building permit for a major construction project—in this instance, a 26-story, 363,000-square foot, $88 million multiple-use tower—a “ministerial project” and thus exempt from environmental assessment under the California Environmental Quality Act? We conclude there is a “reasonable probability” the plaintiffs will succeed at trial in proving the approval process for this major project qualifies as a “discretionary” rather than a “ministerial” action. Consequently, we reverse the denial of the preliminary injunction in this case!

Statement of Facts and Proceedings…