Facts

Plaintiff Avenida San Juan Partnership (Partnership), a property owner, sued the city of San Clemente for designating its property for "residential very low" (RVL) zoning, which would have only "allowed" one house to be built on the 2.8 acre parcel, assuming a conditional use permit would be issued. Initially, the Partnership sought a variance from the RVL zoning restrictions, but the request was refused by the city.

PLAINTIFF'S CONTENTIONS:
The Partnership contended that, in light of the parcel's characteristics, the RVL zoning designation deprived it of all economically viable use of the property and that, since RVL zoning was enacted to "preserve open space," it constituted a taking.

DEFENDANT'S CONTENTIONS:
The city claimed that the RVL zoning designation did not deprive the property owner of all economically viable use of the parcel and that there was no taking as a matter of law.

Result

The court found in favor of the Partnership and awarded damages. A motion for new trial is scheduled for April 6, 2010.

Other Information

FILING DATE: Feb. 1, 2010.