Jump to Navigation
Jump to Content

Right Site Coalition v. Los Angeles Unified Sch. Dist.

ELR Citation: 38 ELR 20053
Nos. No. B202053, (Cal. App. 2d Dist., 02/22/2008)

A California appellate court held that a trial court improperly denied a group's motion to preliminarily enjoin a school district from demolishing 49 housing units to make way for a new school under the power of eminent domain. The group argued that the environmental impact report for the project violated the California Environmental Quality Act. The trial court denied the motion solely on the ground that the balance of hardships favored the school district. In so doing, the court erroneously declined to consider the potential merit of the group's claims, believing it was unnecessary to address that factor. The order, therefore, was reversed and the matter was remanded for further proceedings.