Law360: Real Estate Cases To Watch In 2017

Nilay Vora was mentioned in the Law360 article “Real Estate Cases To Watch In 2017.” An excerpt from the story is below.

The full article is available on the Law360 website (subscription required).

New Health Care Development Projects

A case in the Central District of California could provide clarity on the question of permitting for new medical centers near residential properties, lawyers say.

In Sakhrani v. City of San Gabriel, filed in early 2016, Dr. Lakhi Sakhrani is challenging a reversal of an earlier grant of a permit for him to build a new dialysis center in San Gabriel, California.

The San Gabriel City Council had granted Sakhrani approval to build the center at a commercially zoned location, but under later pressure from residents who live on nearby Country Club Drive, the council reversed that decision.

Nilay U. Vora of Jeffer Mangels Butler & Mitchell LLP, counsel to the plaintiff, did not have a comment on specific filings in the case.

Vora did say, though, that the “case is part of an unfortunate trend of [not in my backyard] opposition to the development of new health care facilities. Dr. Sakhrani is confident that once the court evaluates the merits of this case, the court will reinstate the previously granted permits for this proposed dialysis center that will provide necessary, lifesaving treatments to individuals with kidney failure.”

And a ruling in the case would provide clarity on a rarely tested area of land-use law.

While health care facilities are routinely denied permitting amid pressure from local residents, the San Gabriel case is unique because it involves a rare challenge of a dialysis center.

Residents by contrast typically try to prevent, say, drug rehab centers from coming to their neighborhoods as opposed to centers that serve patients with life-threatening kidney failure.

The plaintiffs are represented by Nilay U. Vora of Jeffer Mangels Mitchell & Butler LLP, James M. Lee and David A. Crane of LTL Attorneys LLP, and Daron L. Tooch and Sansan Lin of Hooper Lundy & Bookman PC.

The defendants are represented by Scott J. Grossberg, Laurel A. Hoehn and Jacob M. Ramirez of Grossberg & Hoehn.

The case is Sakhrani et al. v. City of San Gabriel et al., case number 2:16-cv-01756, in the U.S. District Court for the Central District of California.