Deepwell Homeowners'protective Assn. v. City Council of City of Palm Springs

Petitioners, Deepwell Homeowners’ Protective Association, a nonprofit corporation, and several homeowners in Palm Springs, seek a writ of supersedeas to stay enforcement of a judgment of the superior court, entered after order sustaining demurrer to petition without leave to amend, and to restrain, pending final determination of the appeal therefrom, the granting of a conditional use permit approving site plans, permitting the razing of buildings and the construction of apartment units.

Questions Presented

1. Does this court have jurisdiction to issue supersedeas ?

2. Is supersedeas warranted?

Record

The controversy arises out of a contemplated additional development of a 22-acre tract now known as the Deep Well Guest Ranch. The parcel is surrounded, with slight exception, by R-l (single family dwelling) property. The homeowners resist the plan. The real parties in interest, respondent T. J. White and Associates, Inc., hereinafter referred to as “White”, sought a conditional use permit from the Palm Springs Planning Commission primarily to build apartment buildings of more than one story in height on 22 acres of a 110-acre property, most of the other portion of which was…