United States Ninth Circuit

In litigation brought by neighbors against a city arising from its agreement with an Orthodox Jewish congregation to allow it to operate a synagogue in an area zoned solely for residential use, dismissal of the complaint is reversed as: 1) in the settlement agreement at issue, the city granted a conditional use right without first giving affected persons notice and an opportunity to be heard, in violation of state law; and 2) as there were no findings that federal law has been or will be violated, the settlement agreement could not override state law, and was invalid and unenforceable.

Appellate Information

• Argued 07/10/2007
• Decided 08/21/2007
• Published 08/21/2007

Judges

• SILVERMAN, Circuit Judge:, Before:  BARRY G. SILVERMAN, W. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Leslie M. Werlin, McGuire Woods, Los Angeles, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Susan S. Azad, Latham & Watkins, Los Angeles, CA, for defendant-appellee Congregation Etz Chaim., Tayo A. Popoola, Los Angeles, CA, for defendants-appellees City of Los Angeles, James K. Hahn, and Rocky Delgadillo.