Malibu Mountains Recreation, Inc. v. County of Los Angeles

The regional planning commission (Commission) of respondent Los Angeles County (County) revoked the conditional use permit of a tennis ranch in the Santa Monica Mountains. In a subsequent hearing, the board of supervisors reached the same result. The owner of the property, appellant Malibu Mountains Racquet Club, then filed a petition for administrative mandamus and a complaint for damages for deprivation of civil rights and inverse condemnation. The matter was bifurcated, with the mandamus action being heard first. The trial court denied the petition for mandamus and subsequently granted summary judgment for the County on the complaint.

The primary issue presented on appeal is whether the trial court reviewed the evidence under the proper standard. MMR contends that the trial court should have used the independent judgment test instead of the substantial evidence test. We agree, but hold that there is no reason to remand for consideration under the proper standard. We therefore affirm the trial court.

Facts

1. General Background

The property is approximately 7.27 acres. On August 22, 1973, the County granted a conditional use permit (CUP), No. 192-(5). The CUP stated…