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Right Site Coalition v. Los Angeles Unified School District

California Court of Appeal
72 Cal. Rptr. 3d 678 (2008)


Facts

The Los Angeles Unified School District and the Board of Education for the Los Angeles Unified School District (the school district) (defendant) planned to build a new school in a neighborhood. The construction of the school would require the demolition of 49 units of housing. The Right Site Coalition (Coalition) (plaintiff) sued the school district to prevent the destruction of the housing. The trial court required the school district to prepare an Environmental Impact Report. The school district prepared the report, and the Coalition filed a second lawsuit challenging that report. The Coalition requested a preliminary injunction to prevent the destruction of the housing units. The district argued that the housing units had been unoccupied for over a year and that delays would cause additional cost. The trial court determined that the balance of hardships favored the school district and refused to consider whether the Coalition had established a likelihood of success on the merits. The trial court denied the motion for a preliminary injunction. The Coalition appealed.

Rule of Law

Issue

Holding and Reasoning (Klein, J.)

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