"The saber rattling on the proposed development, which would replace a two-story office building, came in an email from Netty's lawyer in May, shared with The Real Deal. The attached letter is a denial of the project because it takes away the ability to proceed under builder's remedy, Ryan Leaderman of Holland and Knight wrote in the email to the city. Without a modification to the City's position on this issue, litigation is highly likely given the denial of the project as proposed."
"Builder's remedy allows housing developers to skirt local zoning in cities such as Beverly Hills that have failed to certify their state-mandated housing plans. Beverly Hills was subject to builder's remedy for several months but is now in compliance with the state's requirements, known as the housing element on plans for housing development. Please let me know if there is going to be a change in the City's position, Leaderman wrote."
Beverly Hills received a written threat of litigation from Soundview Investment concerning a proposed development at 145 South Rodeo Drive. Soundview's counsel said denial of the project removes the developer's ability to proceed under builder's remedy and warned litigation is highly likely unless the city's position changes. The proposal would replace a two-story office building with a new mixed-use development. City officials say the latest application differs substantially from a previously approved plan and is ineligible for builder's remedy processing. Beverly Hills was subject to builder's remedy for months but is now in compliance with state housing element requirements.
Read at therealdeal.com
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