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Court Sustains Lincoln Place Advocates’ Writ
On April 8, the
Second Appellate Division of the state’s Court of Appeal gave another
small victory to the tenants of Lincoln Place and the preservationist
groups who are allied with them in the struggle to save the large
garden apartment complex in Venice.
The three-judge panel rejected arguments filed by the L.A. City
Attorney and AIMCO, the owner/developer of the property, against the
issuance of the writ of supercedeas. Attorneys for the preservation
groups sought the writ in order to stop work on buildings in the
complex until the Court can hear the groups’ appeal on its merits.
At the same time, the court asked both parties for additional
information as to whether there was any work that might be done that
would not damage the buildings, while minimizing injury to AIMCO.
The court decision said, in part, “The court has determined that
respondents and real parties do not establish the court lacks
jurisdiction over the Doreen Place buildings, or that the appeal does
not present substantial questions.
“Pending disposition of their appeal, appellants seek to stay the
issuance of demolition permits and to enjoin all asbestos or other
pre-demolition activities for any Lincoln Place buildings…
“The court is interested in receiving the parties’ views on whether
less restrictive measures may be available which will protect
appellants from serious injury in case of reversal, while minimizing
injury to real parties in case of affirmance. The parties are
requested to serve and file briefs addressing this issue, on or before
April 16, 2004.”
The preservation groups asked for the writ when crews hired by AIMCO
undertook an asbestos removal project on buildings on Doreen Place in
the complex without the requisite permit from the L.A. Fire
Department.
The tenants have fought for years to save Lincoln Place from being
demolished and replaced by condominiums. Believing the complex should
be preserved because it has great architectural and historic
significance, local, state and federal preservationist groups entered
the fray and filed suit to save the unique complex. |
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