Deepwell Homeowners'protective Assn. v. City Council of City of Palm Springs

■BRAY, J.

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Petitioners, Deepwell Homeowners’ Protective Association, a nonprofit corporation, and several homeowners in Palm Springs, seek a writ of supersedeas to stay enforcement of a judgment of the superior court, entered after order sustaining demurrer to petition without leave to amend, and to restrain, pending final determination of the appeal therefrom, the granting of a conditional use permit approving site plans, permitting the razing of buildings and the construction of apartment units.

Questions Presented

1. Does this court have jurisdiction to issue supersedeas ?

2. Is supersedeas warranted?

Record

The controversy arises out of a contemplated additional development of a 22-acre tract now known as the Deep Well Guest Ranch. The parcel is surrounded, with slight exception, by R-l (single family dwelling) property. The homeowners resist the plan. The real parties in interest, respondent T. J. White and Associates, Inc., hereinafter referred to as “White”, sought a conditional use permit from the Palm Springs Planning Commission primarily to build apartment buildings of more than one story in height on 22 acres of a 110-acre property, most of the other portion of which was divided into single family resident lots. The commission recommended to the city council the granting of the permit, subject to certain conditions. The council referred proposed changes in the conditions back to the commission.

[65]

The latter again recommended approval of the permit to the council subject to conditions. The council then approved the permit, without, however, the major conditions recommended by the commission. Petitioners opposed White at every stage of the proceedings. Petitioners then applied, under Code of Civil Procedure, section 1094.5, to the superior court for a writ of mandate to annul the resolutions granting the permit and to enjoin White from acting under it.

Respondents demurred to the amended petition and it was sustained by the court without leave to amend. Judgment in favor of respondents was entered. Petitioners thereupon appealed, and then brought this petition for writ of supersedeas. Respondents have appeared by demurrer, contending that the petition does not state facts to constitute a cause for supersedeas.