Author Question: The County of Los Angeles adopted a redevelopment plan for the Central Business District ... (Read 86 times)

sabina · **on:** Jun 24, 2018

The County of Los Angeles adopted a redevelopment plan for the Central Business District Redevelopment Project. The plan limited Mitsui Fudosan (U.S.A.), Inc (Mitsui), to a maximum floor area ratio of six square feet of building area to one square foot of parcel area. However, Mitsui could exceed that level through transfer of other unused floor area ratios from other parcels within the project area. Making use of these so-called transfer development rights (TDRs), Mitsui, in 1983, purchased from several adjacent land owners at a cost of 8,209,000 sufficient TDRs to permit it to construct an additional 490,338 square feet of building area, more than doubling the density originally permitted. Beginning in the 1984-1985 tax year, the county assessor increased Mitsui's base assessment by 8,209,000 to reflect the value of the TDR transactions. This resulted in increased taxes of 266,821.10 for the 1984-1986 tax years. Mitsui paid the taxes under protest and appealed to the county appeals board. The appeals board labeled the issue a legal question and summarily denied the application. Discuss for the appeals board how the property should be valued.

Question 2

Hannah's Hut operates in a small retail space located just off Times Square. The landlord is Times Square Rentals. Hannah's Hut sells fake Rolex and Cartier watches. Which of the following is a correct statement about Times Squares Rentals liability to Rolex and Cartier for the infringement of their trade names and trademarks by Hannah's Hut?
A) Times Square Rentals has no liability for the conduct of tenants.
B) Times Square Rentals would have vicarious liability if they are aware of the sales.
C) Times Square Rentals would have liability only if the rent includes a percentage of sales.
D) Times Square Rentals can exculpate its liability by having a provision in the lease that prohibits Hannah's Huts from making such sales.

SeanoH09 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Because the only types of developments being approved in the city of Los Angeles are those that involve additions to buildings, the only means for business expansion is through zoning board appeals. Summarily denying the application will not satisfy the due process requirements for zoning decisions. There will need to be hearings and a record in order to establish legitimate reasons for any denials as well as for approvals.

Answer to Question 2

B