County of Ventura v. Channel Islands Marina Inc.
Published: Jul. 9, 2005 | Result Date: May 5, 2005 | Filing Date: Jan. 1, 1900 |Case number: CIV219020 Verdict – $3,500,000
Facts
Channel Islands Marina (CIM) constructed a marina (525 slips) in the Channel Islands Harbor. When CIM and the County failed to agree on terms for a new lease, CIM offered to sell its improvements to the County for $3.2 million. The County offered $50,000. CIM thereafter attempted to remove its leasehold improvements in accordance with the lease, which included all the water side improvements and three buildings, including building which housed a yacht club. The County denied any right to remove, especially without permits which CIM was only in the early stage of seeking. The County asserted that it was highly unlikely that Coastal Commission approval to remove would be granted without a replacement plan, which CIM had not submitted. The County sued CIM for breach of contract and to enjoin removal unless permits were obtained. CIM cross-complained for breach of contract and inverse condemnation.
Settlement Discussions
At a settlement conference, the County offered $1 million including attorney fees. CIM indicated that it would consider resolving the matter in the $2 million range if the County was interested.
Result
The case was tried in two phases. In the first phase, the court found against County on all issues of its complaint; found for Channel Islands Marina on its cross-complaint for breach of contract, inverse condemnation and declaratory relief. In the second phase on damages, the jury awarded Channel Islands Marina $3.5 million.
Other Information
Motion for the award of attorneys fees; costs and expenses pending of approximately $750,000, plus interest from Sep. 1, 2003. The County intends to appeal.
Deliberation
one day
Poll
10-2
Length
four weeks
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