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Real Property
Eminent Domain
Equal Protection Clause

Joseph J. Ryan Jr. v. Los Angeles County Board of Supervisors

Published: Jun. 3, 2022 | Result Date: Apr. 14, 2022 | Filing Date: Oct. 19, 2021 |

Case number: 21STCV38353 Bench Decision –  Defense

Judge

Mitchell L. Beckloff

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Joseph J. Ryan Jr.
(Law Offices of Joseph J. Ryan Jr.)


Defendant

Michael E. Soloff
(Munger, Tolles & Olson LLP)

Wesley T.L. Burrell
(Munger, Tolles & Olson LLP)

E. Martin Estrada
(Munger, Tolles & Olson LLP)

John L. Schwab
(Munger, Tolles & Olson LLP)

Byron J. McLain
(Foley & Lardner LLP)

Anum Amin
(Foley & Lardner LLP)

Franklin Munoz
(Foley & Lardner LLP)


Facts

Munger Tolles represented the Bruce family, which successfully intervened in the taxpayer action attempting to prevent the County's return of the beachside property to the descendants of Willa and Charles Bruce. The Bruces, in the 1920s, owned and ran a successful beachfront resort in Manhattan Beach, known as Bruce's Beach, catering to African-Americans. Because Blacks were generally forbidden from using bathhouses and resorts along the California coast during this era of Jim Crow, the Bruces' business effectively provided Black Angelinos access to the beach. In an effort to keep Black people out, the City of Manhattan Beach initiated condemnation proceedings and eventually took away the Bruces' business and property in 1929.

In 2021, recognizing the racially motivated and unconstitutional wrong done to the Bruces, the Legislature passed SB 796 to allow the property's return to the Bruce family and the County began the process of finalizing the transfer.

A lawsuit was filed, however, challenging the constitutionality of the return. In court documents, the petitioner alleged there is no public purpose to rectifying past governmental racial discrimination against the Bruces, and he filed motions to prevent the County from returning the land.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that SB 796 was in violation of the California constitution as the transfer of the property didn't serve a public purpose. He also contended that the property transfer would violate the Equal Protection Clause and principles of issue preclusion.

DEFENDANT'S CONTENTIONS: Defendants contended that redressing a past government wrong in order to remedy racial discrimination serves a public purpose, that petitioner had failed to demonstrate a violation of the Equal Protection Clause, and that issue preclusion was entirely inapplicable.

Result

Judge Mitchell L. Beckloff denied Ryan's request to halt the property transfer. Instead, he found that "where the appropriation of public funds and/or property is to address and/or remedy racial discrimination committed by the government, it serves a public purpose. Righting a government wrong perpetrated in breach of our core and fundamental constitutional principles works to strengthen governmental integrity, represents accountability in government and works to eliminate structural racism and bias. The government's act of rectifying a prior egregious wrong based on racism fosters trust and respect in government." As such, the court issued a judgement against Ryan on all claims.

Other Information

The Board of Supervisors was represented by Foley & Lardner LLP.


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