Grand Ave. Enterprises v. City of Los Angeles
Los Angeles Municipal Code (LAMC) section 12.70 forbids the location of an adult entertainment business within 500 feet of a school. Grand Avenue Enterprises, Inc. (GAE) sought to open an adult entertainment concern in central Los Angeles. After issuing building permits to GAE, the Los Angeles Department of Building and Safety learned that the Los Angeles Unified School District had already obtained approval from the Division of State Architect to construct a middle school 150 feet from GAEs lap dancing cabaret. The Department of Building and Safety revoked GAEs permits prompting GAE to file a petition for writ of mandamus seeking to overturn the Departments action. The trial court denied the writ petition and granted the motion for judgment on the pleadings brought by defendant City of Los Angeles (the City) concerning GAEs claim for damages. GAE appeals. Court hold that the Department of Building and Safety abused its discretion in relying on LAMC sections 12.70 B(11) and hence 12.70C as the basis for revoking GAEs permits. Accordingly, court reverse the judgment.
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