California Court of Appeal

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Hoffman St., LLC v. City of W. Hollywood, B210789

In plaintiffs-developers' suit against the city challenging its extension of an interim ordinance restricting development in areas zoned for multifamily residential uses raising various statutory and constitutional claims, judgment denying plaintiffs' petition for a writ of mandate and denying any relief on their complaint is reversed where: 1) trial court's denial of plaintiffs' petition for a writ of mandate as to the first count was improper as the city council failed to make findings required under Gov. Code section 65858(c) upon extending the interim ordinance and the extension therefore was contrary to law and invalid; 2) although it was improper for the trial court to deny plaintiffs' petition on their first count, plaintiffs have not shown prejudicial error in the denial of relief on their Permit Streamlining Act claim, and a CEQA violation claim is moot; and 3) trial court's entry of judgment on counts four through seven is reversed as plaintiffs were not afforded an opportunity to be heard on those counts which deprived them of their right to a fair hearing.

Appellate Information

  • Decided 11/23/2009
  • Published 11/23/2009

Judges

  • CROSKEY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jeffer, Mangels, Butler & Marmaro, Benjamin M. Reznik, Joel D. Deutsch, Paul A. Kroeger, Los Angeles, and Elizabeth Thompson, San Francisco, for Plaintiffs and Appellants.

  • For Appellees:
  • Jenkins & Hogin, Michael Jenkins and Christi Hogin, Manhattan Beach, for Defendants and Respondents.
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