Case v. City of Los Angeles

WHITE, P. J.

The judgment from which all parties to the instant action have appealed reads, in part, as follows:

“It is Adjudged, Declared and Decreed that Ordinance No. 100,775 of the City of Los Angeles, State of California violates good zoning practice and comprehensive zoning planning and does not satisfy or meet good zoning practice and was arbitrary and discriminatory with respect to owners of property similarly situated.

“It Is Further Adjudged and Decreed that Ordinance No. 100,775 of the City of Los Angeles, State of California does not infringe or injure the plaintiffs’ rights in the use and enjoyment of their property and said Ordinance No. 100,775 is valid as against all contentions of the plaintiffs in this action.

“It Is Further Adjudged and Decreed that defendants have and recover from plaintiffs their costs of suit herein ...”

Plaintiffs have appealed from the provision of the paragraph of the judgment first above quoted limiting the adjudication that said ordinance was arbitrary and discriminatory, to wit: “with respect to owners of property similarly situated”; and from the whole of the second and third paragraphs above quoted. Defendants Hollywood Village, Inc., Hollywood Maxwell Company and the city of Los Angeles have appealed from the whole of the paragraph of the judgment first above quoted.

Defendant Hollywood Village, Inc., was and is the owner of approximately 26 acres of land bounded on the south by Cahuenga Boulevard, on the north by Hollywood Freeway, on the east by Barham and on the west by Lankershim Boulevards. The parcel is long and narrow, having approximately one mile of frontage on Cahuenga and the Freeway, and a

[68]

depth of only 75 to 300 feet, the remaining depth of Hollywood Village, Inc’s, land having been condemned for the bnilding of the Freeway. Said land had for many years been zoned C-2. Immediately prior to the bnilding of the Freeway, portions of the 26 acres were rented to various tenants and produced an annual gross income in excess of $40,000. After the opening of the Freeway and the resulting diversion of traffic from Cahuenga Boulevard, only one tenant remained,—one who had been operating its business in a structure on said premises for approximately 10 years pursuant to a variance from C-2 zone granted by the Los Angeles zoning authorities, and the annual gross income from said 26 acres was reduced to $4,500.