Hermosa Rezoning Issue : School Board Votes to Drop Suit Against City

The Hermosa Beach City school board has voted to drop its 1 1/2-year-old lawsuit against the city a month after a Los Angeles Superior Court judge rejected the essence of the school district’s land-use case.

The district sued Hermosa Beach in December, 1986, soon after voters had overwhelmingly passed an initiative measure that prohibited the city from rezoning 15 areas designated as open space in the city’s General Plan unless voters approved. Those areas included parts of five properties owned by the district.

The school district’s suit argued that the initiative, Proposition O, conflicts with a state law that allows unused school sites to be developed to the same extent as adjacent properties. The district also contended that the law requires cities, at the district’s request, to rezone school properties to uses compatible with surrounding properties.

Last month, Superior Court Judge Dzintra I. Janavs rejected the district’s request for summary judgment, saying state law “does not prohibit (general) plan amendments--only certain rezonings.” She also noted that Proposition O “did not change the zoning or General Plan designations which have been in effect since 1975” but only the procedures for changing them.

City Notified

After discussing the case in closed session last week, the school board notified the city this week of its decision to drop the lawsuit, board President Lynne Gonzales said.

“I can’t speak for the board; I can only speak for myself,” Gonzales said. “I was never in favor of suing the city. I think the voters did what they thought was best.”

Of the five board members, Joe Mark was the only one who voted against dropping the lawsuit, she said. Mark could not be reached for comment.

Gonzales estimated that the district spent $70,000 on the lawsuit. City Atty. James P. Lough has said the city spent $50,000 defending the case.

Joint Session

The school board and City Council will hold a joint public session at 7 p.m. Monday at the Community Center to discuss issues affecting both groups, including the district’s surplus properties.

City officials have talked to the district about buying the remaining lots at the former Prospect Heights school site to use as a park. School officials have argued that the land would be worth much more if zoned for single-family homes rather than open space. In 1984, the city bought eight of the 13 lots at Prospect Heights for $168,750, based on their value as open space.