COURT OVERRULES PANEL THAT STOPPED PROJECT.

Byline: Rick Orlov Staff Writer

The state Court of Appeals has overturned a 2000 South Valley Area Planning Commission ruling that blocked a five-home development along Mulholland Highway because a commissioner wrote a newsletter item opposing the project.

The court ruling, issued late Wednesday, said the article written by then-Planning Commissioner Tony Lucente opposing the project showed he had prior bias when he voted to overturn a recommendation from Planning Director Con Howe to allow the Nasha LLC development.

``I still maintain I did nothing wrong,'' said Lucente, who left the area planning commission in 2002 and now serves on a board overseeing the Department of Neighborhood Councils.

``All the commissioners who are active in the community are a valuable asset and we shouldn't be limited in our roles.''

However, Rob Glushon, the attorney for the developers, said commissioners need to separate their lives as community activists from their roles as city officials.

``People want and expect to have a fair and impartial hearing before commissions,'' said Glushon, who has also served on several city commissions. ``Mr. Lucente should have recused himself from this decision because of what he had written.''

Glushon said the article appearing in the newsletter of the Studio City Residents Association was unsigned, and it was only through depositions that it was learned Lucente was the author.

``What the court said was it had reached an unacceptable level of bias and he should have removed himself from the decision-making process,'' Glushon said.

The developers hope to be able to go ahead with the project, he added.

Officials with the City Attorney's Office said they were reviewing the decision to determine if they should seek a further review.

Rick Orlov, [phone]

rick.orlov(at)dailynews.com