Nasha L.L.C. v. City of Los Angeles

Good Law
125 Cal. App. 4th 470·2004 Cal. App. LEXIS 2247·2004 Daily Journal DAR 15369·22 Cal. Rptr. 3d 772·35 Envtl. L. Rep. (Envtl. Law Inst.) 20007
Court of Appeal of CaliforniaDecember 29, 2004B167071California4,383 words

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…

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