This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Inverse Condemnation

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

Judge

Frederick H. Bysshe Jr.

Court

Ventura Superior


Attorneys

Experts

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


#123710

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390