Residents of Beverly Glen, Inc. v. City of Los Angeles

KINGSLEY, J. This is an action by an incorporated group of property owners seeking to invalidate a conditional use permit granted by defendant City of Los Angeles1 to defendant U.S. Plywood-Champion Papers, Inc., for the development of a planned residential community in the Santa Monica Mountains. The complaint, which is in a single count, alleged that the permit was invalid because of alleged violations of the applicable ordinances and charter provisions under which it purported to be issued and also because of an alleged invalidity of the underlying ordinance itself. The prayer was as follows:

“Wherefore, Plaintiff prays:

“1. Los Angeles Municipal Code § 12.24(j) be declared void.

112. Plywood’s permit be declared void.

‘ ‘ 3. The City be mandated to cancel Plywood’s permit.

1 ‘ 4. The Planning Director be mandated to disapprove the sub-division of the project area.

“5. The determination of the validity of Plywood’s permit be deferred until after the application is remanded for findings adequate to permit review.

1 ‘ 6. Costs of suit.

“7. Such other and further relief as the court deems [734]just.” Demurrers by the defendants on various grounds, including uncertainty, failure to state a cause of action, and failure to separately state different causes of action, were overruled, the defendants answered and the case went to trial. At the close of the trial the trial court (Judge Allen) expressly stated that he was determining only the claim for a writ of mandate directed to vacation of the permit. That request he denied, by a document denominated “Judgment Denying Writ of Mandate,” which, after reciting the appearances of counsel, reads as follows: “. . . and the Court having considered the pleadings, the exhibits and statement of counsel that they were proceeding only on the petition for Writ of Mandate and having heard and considered the contentions of all counsel ;

“It Is Ordered, Adjudged and Decreed that the peremptory writ of mandate is denied as to all of said defendants.

“It Is Further Ordered that defendants recover their costs from plaintiff in the sum of $7.50 as to defendants City of Los Angeles, a municipal corporation, The Los Angeles City Council, The Planning Commission of the City of Los Angeles, and Calvin Hamilton, Director of Planning of the City of Los Angeles, and in the sum of $15.50 as to defendant U. S. Plywood-Champion Papers, Inc., sued herein as United States Plywood Corp.”