Nasha L.L.C. v. City of Los Angeles
Opinion
Opinion
Klein, J.
Plaintiff and appellant Nasha L.L.C. (Nasha) appeals a judgment denying its petition for writ of mandate (Code Civ. Proc., § 1094.5), wherein Nasha sought to overturn an adverse decision by the South Valley Area Planning Commission (Planning Commission).
The essential issue presented is whether the Planning Commission’s decision should be set aside due to an unacceptable probability of actual bias on the part of one of the decision makers.
While this matter was pending before the Planning Commission, one of its members authored an article attacking the project under consideration. Accordingly, Nasha’s claim of bias is well founded. The judgment is reversed with directions.
FACTUAL AND PROCEDURAL BACKGROUND
Nasha owns five legal lots on Multiview Drive, north of Mulholland Highway and east of Laurel Canyon. The lots, which are surrounded by single-family residences, range in size from 22,675 square feet to 46,244 square feet. Nasha seeks to develop the property with five new three-story single-family homes, with a maximum height of 36 feet and square footage ranging from 5,173 square feet to 6,648 square feet, including garages, decks and balconies. Each home also…