Los Angeles Attorneys Prevail in California Court of Appeal, Second Appellate District

Attorneys Michael R. Halvorsen and Sandra L. Block prevailed in an appeal brought by a neighbor homeowner challenging the issuance of conditional use permit and certificate of occupancy to a residential townhouse project on the ground that the development constituted a nuisance and was inconsistent with city zoning. The neighbor sought monetary damages and demolition of the completed development. The City of Hermosa Beach was a co-defendant who also had a trial court ruling on demurrer in its favor affirmed on appeal. The case involved a dispute between adjoining property owners, a renovation project, and approvals by the City of Hermosa Beach. The Court of Appeal held that the residential project was neither a private nor public nuisance and that it did not violate the city’s zoning regulations. The Court affirmed the dismissal of the lawsuit.

The case is Roth v. City of Hermosa Beach, et al., Second District Court of Appeals, Case No. B309941.