CHATSWORTH : Couple Sues City Over Ostrich Ban

A lawsuit has been filed against the city of Los Angeles by a Chatsworth couple who were ordered to remove about 800 emus and ostriches from their farm last fall.

David and Monica Mohilef filed the complaint, which alleges violation of their constitutional right to due process, on April 7. In October, a city zoning panel ordered the Mohilefs to remove their flightless fowl, saying that dust, feathers and odors from the farm were creating an undue hardship for their Monteria Estates neighbors.

The lawsuit claims that the city had no basis for ruling that Danielle Michelle Farms had become a public nuisance. Although many neighbors have testified that dust and smells emanate from the farm, the lawsuit states that no one has been able to scientifically establish the source of the dust and feathers because none of the farm’s neighbors have allowed testing stations on their property.

In their complaint, the Mohilefs also charge that the city did not give them a fair hearing, either before the Board of Zoning Appeals or in an earlier appearance before a zoning official. The Mohilefs contend that if they had been allowed to subpoena and cross-examine witnesses, they could have shown that the neighbors were either mistaken or lying about the farm as the source of the stench.

A Superior Court hearing on the lawsuit has been set for May 8.

In court documents, David Mohilef alleges that City Councilman Hal Bernson tried to shut down his bird-keeping operations as political retribution for Mohilef’s successful attempt to block a zoning variance for a Bernson supporter.

Francine Oschin, Bernson’s deputy chief of staff, denied that the councilman, whose district includes the farm, had ulterior motives.

“None of it was done for political reasons, outside of the fact that the larger community of constituents was concerned about the noise and smell from the farm, and it had become a nuisance,” Oschin said.

Bernson’s planning deputy, Phyllis Winger, said the Mohilefs should not have expected to subpoena and cross-examine witnesses since zoning hearings are not courts of law.