Avenida San Juan Partnership v. City of San Clemente, a municipal corporation; Joseph L. Anderson Jr. aka Joe Anderson; James G. Dahl, aka Jim Dahl; Lori Harnar Donchak aka Lori H. Donchak; George Wayne Eggleston aka G. Wayne Eggleston; Steven C. Knoblock aka Steve Knoblock, and Does 1 through 100, inclusive
Published: Feb. 9, 2013 | Result Date: Jan. 22, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2008-00101411 Settlement – $372,454
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Jeffrey M. Oderman
(Rutan & Tucker LLP)
Terence J. Gallagher
(Olivarez Madruga Law Organization)
Facts
The Avenida San Juan Partnership purchased a four-lot housing development in 1980, when zoning allowed six homes per acre. The City of San Clemente approved plans for a four-lot subdivision, but a 1983 landslide in a nearby canyon raised concerns. The site was never developed, and in 1993 a new General Plan reclassified the site to only allow one home to be built on it.
In 2006, the Partnership again asked permission to build four homes. When the City Council refused, the Partnership filed suit, claiming the City committed inverse condemnation and violated civil rights.
Result
The parties settled. The San Clemente City Council agreed to pay the plaintiffs $372,454 in legal costs and to resume processing the development application that they rejected in 2006.
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