Walnut Acres Neighborhood Association v. City of Los Angeles
California Court of Appeal
235 Cal. App. 4th 1303 (2015)
- Written by Darius Dehghan, JD
Facts
Community MultiHousing, Inc. (developer) (defendant) sought to construct an eldercare facility in Los Angeles. Although zoning regulations limited an eldercare facility to 16 guest rooms, the developer proposed an eldercare facility with 60 guest rooms. The developer contended that 60 guest rooms were needed in order for the facility to be profitable. But there was no evidence that an eldercare facility with 16 guest rooms would be unprofitable. Nonetheless, the City of Los Angeles (city) (defendant) approved the developer’s proposal for an eldercare facility with 60 guest rooms. Nearby homeowners opposed the construction of the eldercare facility. Thus, the Walnut Acres Neighborhood Association (plaintiff) brought suit, challenging the city’s approval of the eldercare facility. The trial court held that the city erred in approving the developer’s proposal for an eldercare facility with 60 guest rooms. The developer appealed.
Rule of Law
Issue
Holding and Reasoning (Flier, J.)
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