Studio City : Group Likely to Drop Suit Against In-N-Out

A residents group is saying that it is likely it will drop its lawsuit against an In-N-Out Burger currently under construction on Cahuenga Boulevard.

Local homeowners had originally opposed the fast-food restaurant, saying that its proposed location near on- and off-ramps to the Hollywood Freeway would exacerbate traffic congestion in the area. The lawsuit, filed in early July, alleged that the city had erred in issuing a building permit for the project without completing a special review--called a site plan review--that includes a public hearing.

But on Monday, Tony Lucente, president of the Studio City Residents Assn., said the In-N-Out Burgers corporation had agreed to a number of requests by his group, making the lawsuit unnecessary.

For one thing, the homeowners group wanted In-N-Out to do a study that would describe anticipated effects of the project on traffic and to act on the study’s recommendations for making traffic flow more smoothly. Residents also asked to be allowed to review In-N-Out’s landscaping plan, which they said should make the restaurant inviting to pedestrians.

In addition, the residents association asked In-N-Out to buy a strip of land adjacent to its property that is currently owned by Universal City Nissan to give the corporation more room for parking spaces and parking-lot circulation.

Richard C. Boyd, In-N-Out vice president for real estate and development, confirmed that his company had agreed to accommodate--or attempt to accommodate--all three requests.

“I think things look real good,” Boyd said. “We had a really productive meeting with Tony.”

The traffic study should be ready by Wednesday, according to In-N-Out officials. However, there is one glitch: Although In-N-Out has made an offer on the Nissan property, it is unlikely that it will actually buy it because the asking price is too high, Boyd said.

Lucente said that fact alone will not jeopardize the deal between his group and the restaurant company.