Studio City : Panel OKs In-N-Out’s Construction Permit

A Los Angeles city panel Tuesday endorsed resumption of construction on a controversial In-N-Out Burgers restaurant at Cahuenga Boulevard and Regal Place--where work was halted by court order at the request of neighbors.

In June, restaurant officials had been granted a permit by the city’s Building and Safety Department and construction began. But last month the commissioners who oversee the agency determined the department had “erred and abused its discretion” in allowing the permit without requiring a public review, known as a site plan review.

Local homeowners opposed to the restaurant went to court last month and obtained a preliminary injunction to halt construction.

But on Tuesday, the same commissioners said that because In-N-Out Burgers has recently reduced the size of the project, a site plan review is no longer needed.

“I don’t see where we have the discretion to deny them a building permit,” said commission president Scott Adler.

Local residents opposed to the project plan to appeal. “The commission decision is just based on false information,” said lawyer Fred Gaines, who is representing members of a homeowners’ group and one business, Universal City Nissan, opposing the restaurant.

In the meantime, In-N-Out officials said they would request that a Superior Court judge lift the injunction.