• 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.

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Miles J. Dolinger
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