Tuesday, March 28, 2023

Proceduralism

Pacific Palisades Residents’ Association v. City of L.A., No. B306658M (D2d8, as modified Mar. 27, 2023)

This lengthy opinion by Justice Wiley is not about procedure so much as it is about proceduralism. It is a well-organized and reasoned rejection of the all the different arguments randomly aggrieved people get to employ to interfere with anything ever being built in California. So now, after seven years of delay and litigation with a 10,000-plus page record, some developer gets to build a senior living facility in a community that needs more senior housing, on a lot that has been vacant since at least 1978. Maybe. 

Nobody has ever accused me of being a libertarian. But this is madness.

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