Autopsy/Post Services, Inc. v. City of Los Angeles

SUMMARY

Autopsy/Post Services, Inc. (APS) purchased a commercially zoned building on Foothill Boulevard for the purpose of operating a private medical laboratory specializing in autopsy and tissue procurement. Six months after granting APS’s contractor a permit to convert the premises to a medical laboratory, the City of Los Angeles issued a stop work order, and eventually revoked the permit, on the ground that APS had not obtained the required clearance from the City Planning Department (Planning Department) for compliance with the Foothill Boulevard Corridor Specific Plan. APS then sought an exception to the Specific Plan. The Planning Department, and later the North Valley Area Planning Commission, refused to approve APS’s application, finding that the proposed autopsy facility was equivalent to use as a morgue or mortuary, a use which is restricted to industrial zones. The City Council denied APS’s appeal, and the Board of Building and Safety Commissioners rejected APS’s claim it had a vested right to proceed with the autopsy facility.

APS sought a writ of mandate ordering the City to set aside its decisions, reinstate the building permit, and grant a final…