Ogo Associates v. City of Torrance

CourtCalifornia Court of Appeals
Writing for the CourtFLEMING
Citation37 Cal.App.3d 830,112 Cal.Rptr. 761
PartiesOGO ASSOCIATES, a partnership, et al., Plaintiffs and Appellants, v. CITY OF TORRANCE, a municipal corporation, and John J. McKinnon in his capacity as Building and Safety Director, Defendants and Respondents. Civ. 42060.
Decision Date11 March 1974

Page 761

112 Cal.Rptr. 761
37 Cal.App.3d 830
OGO ASSOCIATES, a partnership, et al., Plaintiffs and Appellants,
v.
CITY OF TORRANCE, a municipal corporation, and John J. McKinnon in his capacity as Building and Safety Director, Defendants and Respondents.
Civ. 42060.
Court of Appeal, Second District, Division 2, California.
March 11, 1974.

[37 Cal.App.3d 832] Dudley Gray, Torrance, and Smothers & Lasser, Los Angeles, for appellants.

Stanley E. Remelmeyer, Torrance, and Ralph H. Nutter, Los Angeles, by Stanley E. Remelmeyer, City Atty., for respondents.

FLEMING, Acting Presiding Justice.

Ogo Associates (Ogo), a partnership, and Torrance Properties (Properties), a limited partnership, appeal a judgment of the superior court denying their petition for a writ of mandate to compel the City of Torrance (Torrance) to issue Ogo a permit to build a federally-financed 86-unit apartment project for persons with low incomes.

Properties owns approximately three acres of undeveloped land in an area of Torrance known as Victor Precinct. Land use in the Victor Precinct is mixed--apartment house, agricultural, light manufacturing, institutional--and much of the land is vacant. In September 1970 Properties contracted to sell its land to Ogo for $346,000 on condition that Ogo obtain a permit from Torrance to build low-income apartments financed by the federal government under section 236 of the National Housing Act (Public Law 90--448; see 12 U.S.C.A.

Page 762

§§ 1701, 1715z--1). For the previous eight years appellant's property had been classified as R3, a zoning that would have allowed construction of the apartments. Ogo obtained its financing and applied for a building permit, but before the permit could be issued the Torrance City Council in May 1971 enacted an emergency ordinance imposing a moratorium on building permits and dwelling-unit construction in the part of Victor. Precinct that included the site of Ogo's proposed low-income apartments. In August 1971 the City Council enacted a second moratorium on the issuance of building permits in the Victor Precinct area, and shortly thereafter it adopted a permanent ordinance rezoning the area to ML, a classification which limited land use to light manufacturing purposes only.

In the trial court appellants contended that but for the moratorium and rezoning ordinances Torrance would have issued Ogo a building permit; that unconstitutional racial and economic discrimination motivated enactment of the ordinances; that because of this taint the ordinances were invalid,[37 Cal.App.3d 833] and Torrance should be ordered to issue the requested building permit. The trial court denied relief, holding that enactment of the moratorium ordinances was proper, that appellants were not entitled to the relief sought because, (1) Ogo had not satisfied all conditions for issuance of a building permit prior to the time Torrance enacted its moratorium ordinances, and (2) appellants had not exhausted their administrative remedies by applying to the City Council for a variance from the rezoning...

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93 practice notes
  • Hull v. Cason
    • United States
    • California Court of Appeals
    • January 7, 1981
    ...that the doctrine of exhaustion of administrative remedies is not an inflexible rule. (Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 834, 112 Cal.Rptr. 761.) It will not be asserted where it disserves the public interest (Environmental Law Fund, Inc. v. Town of Corte Madera (......
  • Serna, In re, Cr. 30154
    • United States
    • California Court of Appeals
    • January 20, 1978
    ...Cal.App.3d 1017] However, the requirement of exhaustion has not hardened into inflexibility. (Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 834, 112 Cal.Rptr. 761.) The rule is frequently waived where the administrative procedure is not well-defined (Endler v. Schutzbank (196......
  • Summers v. City of Cathedral City, No. E006933
    • United States
    • California Court of Appeals
    • November 29, 1990
    ...exhaustion of administrative remedies is excused when to do so would have been futile, citing Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 112 Cal.Rptr. 761. That case holds that a claimant is excused from exhausting its administrative remedies when it can positively show th......
  • Breaux v. Agricultural Labor Relations Bd., AFL-CI
    • United States
    • California Court of Appeals
    • January 29, 1990
    ...Foundation (1983) 149 Cal.App.3d 650, 658, 197 Cal.Rptr. 45 (futility of internal remedy); Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 834, 112 Cal.Rptr. 761 (futility of administrative remedy).) Beyond the Board, petitioners' only legitimate recourse was to the While issue......
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93 cases
  • Breaux v. Agricultural Labor Relations Bd., AFL-CI
    • United States
    • California Court of Appeals
    • January 29, 1990
    ...Foundation (1983) 149 Cal.App.3d 650, 658, 197 Cal.Rptr. 45 (futility of internal remedy); Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 834, 112 Cal.Rptr. 761 (futility of administrative remedy).) Beyond the Board, petitioners' only legitimate recourse was to the While issue......
  • Subriar v. City of Bakersfield
    • United States
    • California Court of Appeals
    • June 16, 1976
    ...Court, supra, 12 Cal.3d at p. 251, 115 Cal.Rptr. at p. 506, 524 P.2d at p. 1290.) The case of Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 112 Cal.Rptr. 761, cited by respondents in their oral arguments before this court, is readily distinguishable from the case before the c......
  • Glendale City Employees' Assn., Inc. v. City of Glendale
    • United States
    • United States State Supreme Court (California)
    • October 3, 1975
    ...administrative remedies does not apply if the remedy is inadequate. (Ogo Associates Page 523 [540 P.2d 619] v. City of Torrance (1974) 37 Cal.App.3d 830, 834, 112 Cal.Rptr. 761; Diaz v. Quitoriano (1969) 268 Cal.App.2d 807, 812, 74 Cal.Rptr. 358; Comment, Exhaustion of Administrative Remedi......
  • Karlin v. Zalta
    • United States
    • California Court of Appeals
    • March 29, 1984
    ...132 Cal.App.3d 77, 86, 182 Cal.Rptr. 879; or where it would be futile to pursue such remedy; Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 835, 112 Cal.Rptr. 761). Frequently, courts have stated that there is no administrative remedy to exhaust where a plaintiff is seeking an......
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