Miller v. City of Hermosa Beach

By these consolidated appeals, appellant Sheila Donahue Miller seeks to reverse a judgment of dismissal of her petition for writ of mandate. She also seeks review of the denial of her request for a preliminary injunction to enjoin construction of a beachfront hotel following issuance of a building permit by respondent City of Hermosa Beach (the City). The hotel project was undertaken by respondent Hermosa Beach Investment Company (HBIC).

Miller contends that the City violated the California Environmental Quality Act (CEQA) by issuing a building permit for the hotel without requiring preparation of an environmental impact report (EIR). Respondents contend that Miller’s petition for writ of mandate was properly dismissed since Miller failed to satisfy the procedural requirements of CEQA. We reverse the judgment of dismissal and the order denying the request for a preliminary injunction.

Facts and Procedural Background

During 1984, the City council enacted an ordinance authorizing the City to enter into a development agreement and ground lease with HBIC, for the construction of a hotel, conference center and parking garage to be located on property owned by the City as…