Hawthorne Savings & Loan Ass'n v. City of Signal Hill
Opinion
Opinion
Johnson, J.
This is anappeal by Hawthorne Savings and Loan Association (Hawthorne) from a judgment denying a peremptory writ of mandate under section 1094.5 of the Code of Civil Procedure and thereby affirming the City of Signal Hill’s order requiring demolition of substandard residential buildings belonging to Hawthorne. We issued an order staying demolition of the buildings pending disposition of this appeal. We now reverse the judgment denying the writ and remand the matter to the superior court for further proceedings.
Facts and Proceedings Below
Hawthorne is the owner of improved property in the City of Signal Hill (City) known as the Angeline Court apartments. Hawthorne acquired this property through foreclosure on a deed of trust executed by the former owner, Welter. Through a series of stays obtained in the bankruptcy court, Welter managed to stave off foreclosure proceeding for nearly two years. In the meantime, Welter allowed Angeline Court to fall into such a state of dilapidation the City ordered the tenants to vacate in May 1990. The buildings are now boarded up and the property fenced and patrolled by security guards at Hawthorne’s expense.