Facts

The 2008 Tea Fire destroyed the homes of Luke Brost, Ruben and Pamela Barajas, and Luke and Louise Canley. They filed a suit for inverse condemnation against the City of Santa Barbara.

PLAINTIFF'S CONTENTIONS:
The plaintiffs filed suit because the City has barred the plaintiffs from rebuilding their homes with no right to seek a variance or appeal from the construction ban imposed on them by Chapter 22.90 of the Santa Barbara Municipal Code.

The plaintiffs do not take issue with the validity of Chapter 22.90 as a lawful exercise of the City's police power, but contend that the construction ban imposed on them by Chapter 22.90 has rendered their properties valueless and entitles them to compensation regardless of whether the City acted in furtherance of legitimate police power objectives.

The blanket prohibition against rebuilding imposed by the City has eliminated all economically beneficial use of plaintiffs' properties as the Plaintiffs are being forced to leave their land in substantially its natural state.

The plaintiffs contended therefore that there was a regulatory taking of their properties by the City by the application of Chapter 22.90 is justified under California nuisance law, then plaintiffs have suffered a compensable taking of their properties.

DEFENDANT'S CONTENTIONS:
The defendants contended that, at trial, the plaintiffs' said they wanted to rebuild their homes, the City of Santa Barbara's Conejo Road "Slide Mass C" ordinance prohibited them from building in the areas, which was known as the Conejo slide area.

The City argued that the plaintiffs failed to pursue their administrative remedies as required in a timely manner, and that the City was authorized to prohibit them from rebuilding due to a history of several homes in this area being destroyed by landslides since 1978.

Result

The court found in favor of plaintiffs, awarding them damages, attorney fees and costs totaling $577,105.

Other Information

The City has filed a notice of appeal.