Pacific Palisades Bowl v. City of LA 8/31/10 CA2/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B216515

Case Date: 12/02/2010

Preview:Filed 8/31/10

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

PACIFIC PALISADES BOWL MOBILE ESTATES, LLC, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Appellant.

B216515 (Los Angeles County Super. Ct. No. BS112956)

APPEAL from a judgment of the Superior Court for Los Angeles County, James C. Chalfant, Judge. Reversed. Blum Collins and Craig M. Collins for Plaintiff and Appellant. Carmen A. Trutanich, City Attorney, Jeri L. Burge, Assistant City Attorney, and Amy Brothers, Deputy City Attorney, for Defendant and Appellant. Aleshire & Wynder, William W. Wynder and Sunny K. Soltani for Amicus Curiae Palisades Bowl Residents Association, Inc. and City of Carson in support of City of Los Angeles. Law Office of William J. Constantine and William J. Constantine for Amicus Curiae The Golden State Manufactured Home Owners League in support of City of Los Angeles.

Bien & Summers, Elliot L. Bien and Amy E. Margolin for Amicus Curiae Western Manufactured Housing Communities Association in support of Pacific Palisades Bowl Mobile Estates, LLC.

The California Legislature enacted a statute -- Government Code1 section 66427.5 -- that facilitates the conversion of mobilehome parks to resident ownership by limiting a local authoritys traditional power to regulate development within the local authoritys territory when the proposed development is the conversion of a mobilehome park. That statute imposes certain specific requirements on the subdivider seeking the conversion (aimed at preventing the displacement of current residents, particularly those with lower incomes), and provides that the scope of the hearing at which the local authority may approve, conditionally approve, or deny the tentative map "shall be limited to the issue of compliance" with the specific requirements set forth in the statute. (

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