Facts

Plaintiff Tejon Real Estate LLC owned property at 4413 Harriman Avenue in Los Angeles, an area known as a "paper street." The access to Harriman from Collis Avenue was Burr Street. Collis Avenue was paved, with curbs and gutters, but Burr Street was not. Burr Street was used to access two garages on either side of the street. Defendant city of Los Angeles put a gate on Burr Street to prevent damage from weed abatement and plowing. Plaintiff sued defendant in equity.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended it wished to develop the lot with a single-family residence, which required a paved road to the lot. Defendant failed to require improvement on Burr Street while allowing the garages to front the street. Plaintiff claimed a $15,000 fee for a $100,000 project was unreasonable and sought a declaration that it only needed to improve Harriman Avenue or defendant must pay for and maintain Burr Street.

DEFENDANT'S CONTENTIONS:
Defendant contended the builder of the houses with garages on Burr Street never paved or improved the street. Plaintiff was responsible for removing the old pavement on the portion of Burr between Harriman and Collis as well as repaving the street. Further, defendant could determine the estimated cost of the street and set the proper bond amount. If the estimated cost was $100,000, the city inspector's fee was $15,000.

Result

The parties agreed to an equitable award in the form of a building permit without building a road over the old road.

Other Information

FILING DATE: July 31, 2006.