Legal professionals representing a pair who allege they have been charged a $540,000 payment as the worth for pursuing a modest condominium undertaking in West Hollywood are asking the U.S. Supreme Courtroom to listen to their shoppers’ case.
The attorneys, members of the Pacific Authorized Basis, search reimbursement for builders Shelah and Jonathan Lehrer-Graiwer and are taking purpose on the regulation beneath which the town acted, generally known as the inclusionary housing ordinance. The regulation requires builders to construct and put aside a sure variety of models, or pay a payment set by a formulation as a situation for receiving a allow.
The regulation’s said objective is to deal with the area’s reasonably priced housing scarcity, however the measurement of the charge shouldn’t be linked to any measurement of reasonably priced housing wants that the proposed improvement may create, the builders’ attorneys state. Metropolis officers admitted that the venture on Croft Avenue truly helps meet regional housing objectives, however nonetheless charged the payment for granting permission to construct, the builders’ attorneys said.
“The Lehrer-Graiwers have been victims of a shakedown and we’re asking the U.S. Supreme Courtroom for aid and redress towards … the Metropolis of West Hollywood,” stated PLF senior lawyer Brian Hodges. “The Lehrer-Graiwers aren’t accountable for reasonably priced housing shortages. Quite the opposite, their condominium challenge would add to the inventory of housing. For metropolis bureaucrats to punish them with an astronomical payment … for offering extra housing isn’t simply unconscionable, it’s unconstitutional.”
However legal professionals for the town said of their courtroom papers that the builders’ case is barred by the statute of limitations. Additionally they said that the charges have been “lawfully imposed, each with respect to their quantity and their timing.”
The builders purchased two adjoining homes at 612-616 Croft Ave. with goals of redeveloping them into a lovely and trendy condominium complicated, their attorneys stated. “After a delay because of the monetary disaster, they have been ready to maneuver ahead in 2011, however the metropolis then made its six-determine demand in reasonably priced housing charges, the PLF legal professionals stated.
The builders paid the charge beneath protest after which sued in December 2012. Their case rests on main Supreme Courtroom precedents which require that land use allow circumstances have to be linked to some public want created by the undertaking, their attorneys stated.
The 2nd District Courtroom of Attraction affirmed Los Angeles Superior Courtroom Decide Luis Lavin’s June 2015 ruling in favor of the town and the state Supreme Courtroom declined to assessment the case, the builders’ attorneys stated.
— Metropolis Information Service
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