A Los Angeles Superior Court judge has denied a Studio City residents group's request for a court order to stop the In-N-Out Burgers chain from building a controversial restaurant at the corner of Cahuenga Boulevard and Regal Place.
On Friday, Judge Diane Wayne denied the Studio City Residents Assn.'s request for a temporary restraining order, calling it unnecessary. According to attorney Fred Gaines, Wayne said that In-N-Out is proceeding at its own risk and will be required to take out its construction if the city eventually reverses its decision to issue the company a building permit.
"That was very positive as far as we were concerned," said Gaines, who represents the residents group. "We would have liked to get the temporary restraining order" but it was helpful to have the matter aired in court, he said.
In-N-Out Burgers officials could not be reached for comment.
Many Studio City and Cahuenga Pass residents oppose the proposed fast-food restaurant, saying it will exacerbate traffic problems in the area and detract from the neighborhood's quaint ambience.
On June 20, the Los Angeles Department of Building and Safety granted In-N-Out a building permit without requiring a public hearing or environmental review. The Studio City residents group contends that the decision was improper, and the Los Angeles Board of Building and Safety Commissioners could rule on the issue today.
Local homeowners expressed concern about the judge's ruling.
"What's most disappointing is In-N-Out's lack of concern for the community, which led us to this point," said Tony Lucente, president of the residents group.