Facts

On July 26, 2019, non-profit Petitioner East Yard Communities for Environmental Justice ("EYCEJ") filed a petition for writ of mandate against Respondent City of Commerce ("City") and Real Party in Interest Elliot Megdal & Associates, Megdal Commerce, LLC, and Taylor Megdal ("Real Party") seeking to set aside the City's granting of a conditional use permit, two variances, and environmental approvals for a proposed 7-11 gas station ("Project") adjacent to residents near the intersection of S. Atlantic Blvd. and Washington Blvd. in the City of Commerce. Per its operative complaint filed January 24, 2020, Petitioner alleged, among other things, that the City violated local Municipal Code ("Code") and the California Environmental Quality Act ("CEQA") when granting the approvals.

EYCEJ is a non-profit corporation located less than a quarter-mile from the Project Site, established in 2001 by residents of the Commerce/East Los Angeles area, and whose mission is to ensure environmentally sustainable development and informed decision-making in the City of Commerce and surrounding area.

On September 29, 2020, the court ruled, among other things, that: (i) the City was required to provide a Code-required Health Risk Assessment before granting the Project approvals; (ii) the City's Code-required findings lacked substantial evidence to grant a variance allowing deviations from the 300-foot residential buffer requirement (i.e., special circumstance, undue hardship, and special privilege findings); and (iii) the City lacked substantial evidence to find the Project exempt from CEQA under any of the claimed class of exemptions (i.e., Class 2, 3, 5, and 32).

PLAINTIFF'S CONTENTIONS: The petitioner claimed that the city violated applicable zoning laws, CEQA, and the California Public Records Act.

DEFENDANT'S CONTENTIONS: Defendant denied allegations.

Result

The court issued a writ on mandate invalidating the project approvals on November 9, 2020. On March 12, 2021, the court granted Petitioner's motion for attorneys' fees pursuant to the Attorney General Statute (CCP sec. 1021.5) in the amount of roughly $153,000 (plus approximately $3,250 in costs) for this public interest litigation taken on a 100 percent contingency basis.