• Land Use Attorney Capitola

CASE UPDATE: Appellate Court Dismisses Appeal of Large Target Development as Moot

In La Mirada Neighborhood Assoc. of Hollywood v. City of Los Angeles, (2016) 2 Cal.App.5th 586, the court of appeal dismissed as moot an appeal of the City of Los Angeles’s approval of a large development for the Target Corporation, which included a 75-foot building.  Approving the project, the City granted Target six exceptions from development restrictions contained in the applicable specific plan, which included a prohibition on commercial buildings taller than 35 feet.  The plaintiff neighborhood sued, arguing that the City had not made the requisite findings of “exceptional conditions”, which were necessary to justify the exceptions.  The trial court agreed and ordered the cessation of all construction activities.  Target then filed an appeal, and during the pendency of the appeal, the City adopted several amendments to the specific plan, such that the project was not reliant on the City making exceptions to the specific plan’s development restrictions.  The court of appeal then dismissed the appeal as moot.

©2016 Miles J. Dolinger.  This article is not intended to and does not constitute legal advice or a solicitation for the formation of an attorney-client relationship.

Miles Dolinger

Miles Dolinger

Miles Dolinger epresents individual, business and public agency clients in a wide range of real estate, land use, and public law matters (transactional and litigation). His office is currently location in Capitola, CA and serves clients in Santa Cruz, Monterey, San Benito and Santa Clara Counties.
Miles Dolinger

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

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