A Los Angeles County judge ruled that Beverly Hills violated state housing law by attempting to block Leo Pustilnikov’s 19-story apartment project on South Linden Drive. This ruling mandates the city to allow the proposal to proceed. The case is significant as it may influence other housing developments under California's Builder's Remedy law, which provides a legal path for builders when cities fail to meet housing plan requirements. The verdict signals limitations on city powers to obstruct housing projects.
The Linden Drive project was one of the first proposals in Beverly Hills to exploit the legal loophole that lets builders override local planning boards when cities fail to plan for new housing as required by state law.
State lawmakers recently enabled such standoffs by reviving the 1980s-era provision known as Builder's Remedy with a series of reforms chiseling away at the discretionary power of cities to block housing.
A superior court judge in Los Angeles County ruled Tuesday that Beverly Hills violated state housing law in its attempt to block Leo Pustilnikov's proposal for a 19-story apartment building.
This puts the wind at our back and sends a message clear as day. The city cannot rely on specious legal arguments to delay and deny a developer's vested rights.
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