West Chandler Boulevard Neighborhood Ass'n v. City of Los Angeles

Good Law
130 Cal. Rptr. 3d 360·198 Cal. App. 4th 1506
Court of Appeal of CaliforniaAugust 16, 2011No. B226663; No. B229418California6,550 words

Opinion

Lead Opinion

Willhite, J.

West Chandler BoulevardNeighborhood Association, Mitchell Ramin, and Jeff Gantman (collectively appellants) petitioned for a writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5, 1 seeking to overturn a decision by the City of Los Angeles (City) to grant a conditional use permit (CUP) and parking variance to real parties in interest Chabad of the Valley, Inc., and Chabad of North Hollywood (collectively Chabad). The superior court denied appellants’ petition for a writ and denied Chabad’s motion under section 1021.5 for attorney fees. In these appeals, consolidated for purposes of oral argument and decision, appellants challenge the denial of the writ, and Chabad challenges the denial of their motion for attorney fees. We conclude the city council did not comply with the relevant provisions of the Los Angeles City Charter (L.A. Charter) and the Los Angeles Municipal Code (LAMC or Municipal Code) and with the requirements of Topanga Assn, for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506 [ 113 Cal.Rptr. 836 , 522 P.2d 12 ] (Topanga). We therefore reverse the denial of the writ and dismiss the appeal regarding attorney fees…

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