In-N-Out drops its defense of lawsuit by Rancho Mirage citizens

"Save Rancho Mirage" scored a victory in the battle over an In-N-Out in the city.

Back in 2019, members of the organization "Save Rancho Mirage" filed the lawsuit on behalf of the residents claiming the city "violated the California Environmental Quality Act by illegally claiming an exemption - and has illegally changed the zoning for the proposed project site."

On Wednesday, the group was informed that In-N-Out opted to drop its defense for the lawsuit and terminate the Development Agreement with the city, according to a letter from Rancho Mirage City Attorney Steven Quintanilla.

Terminating the Development Agreement also rescinds and repeals the City’s approvals related to the project’s land use entitlements.

This does not mean the In-N-Out won't still be coming to Rancho Mirage, however, its owner will be considering potential next steps in the development of the project. This may include the preparation of a focused Environmental Impact Report that will provide for the highest level of CEQA review of and public participation regarding the proposed project’s potential environmental impacts.

On October 3, 2019, the Rancho Mirage City Council voted 4-0 to bring the burger chain to the city. The In-N-Out was planned to be built at the Rancho Las Palmas Shopping Center on Highway 111 and Magnesia Falls, right across the street from 'the River.' 

Typically, Rancho Mirage's ordinance prohibits fast-food restaurants from being built in areas like where it is planned. The burger chain worked with the planning commission on a conditional use permit to alter that ordinance.

This change in the ordinance is what brought about the lawsuit.

Read: Rancho Mirage residents protest new In-N-Out location

"Save Rancho Mirage" has argued that the exemption does not apply to the project and a more thorough analysis by the city was needed.

"The Project is in direct contravention to the City's own General Plan and zoning requirements, and the requirements of well-established law under CEQA," reads court documents filed by "Save Rancho Mirage."

The City Council still needs to approve the termination of the Development Agreement. The issue will be presented at the next public meeting, which is scheduled for February 6.

We have reached out to a city spokesperson for further comment on the matter, we will provide an update as soon as we hear back.

Stay with News Channel 3 for updates.