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.
Latest posts by Miles Dolinger (see all)
- California Supreme Court Holds That Landowners Forfeited Their Right to Bring A Lawsuit Challenging Coastal Development Permit Conditions Imposed By The Coastal Commission By Accepting The Permit And Constructing The Project. - November 5, 2017
- California Supreme Court Clarifies That The Restriction On Implied Public Dedications On Non-Coastal Property Set Forth In Civil Code Section 1009(b) Is Not Limited to Recreational Uses Only. - November 5, 2017
- Judge Rules “Game Over” In Dismissing A Homeowner’s Wrongful Foreclosure Suit After Multiple Prior Suits On The Same Issues Were Dismissed. - June 30, 2017