Residents of Beverly Glen, Inc. v. City of Los Angeles

This is an appeal from a summary judgment granted to defendants City of Los Angeles and U.S. Plywood-Champion Papers, Inc. (hereafter Plywood).

The summary judgment stated that it was granted “on the ground that by reason of plaintiff’s lack' of standing, plaintiff' is not entitled to the declaration it seeks in its declaratory relief action, and upon the statutory ground that the action has no merit and no triable issue of fact is presented.” We determine that the plaintiff herein does have standing to bring the instant action and we accordingly reverse the summary judgment.

Plaintiff is a corporation, Residents of Beverly Glen, Inc. (hereafter “Residents”). It sought, by a document entitled, “Petition for Writ of Mandate and Complaint for Declaratory Relief” (hereafter “complaint”), filed May 1, 1967, to have set aside a conditional use permit granted by the City to Plywood and to have a section of the Los Angeles Municipal Code declared unconstitutional.

The procedural history of this matter is important to a determination of the questions presented. That part of Residents’ pleading which sought a writ of mandate first came on for hearing. The court (Judge Allen),…