Lockaway Storage v. County of Alameda

Good Law
156 Cal. Rptr. 3d 607·2013 Cal. App. LEXIS 365·216 Cal. App. 4th 161
Court of Appeal of CaliforniaMay 9, 2013A130874, A132768California11,834 words

Opinion

Opinion

Siggins, J.

I. INTRODUCTION

The County of Alameda (County) determined that an amendment to its general plan adopted by voters as Measure D prohibited Lockaway Storage and other parties from completing a project to develop a self-storage facility in the County. Lockaway sued for inverse condemnation and civil rights violations. After issuing a writ of mandate that authorized the project to proceed, the superior court conducted a nonjury trial which resulted in a judgment holding the County liable for a temporary regulatory taking and awarding Lockaway damages of $989,640.96. Pursuant to a separate order, the court awarded Lockaway attorney fees totaling $728,015.50.

The County appeals both the judgment and the attorney fee order. It contends the judgment must be reversed because (1) Lockaway’s development plan violated Measure D and (2) even if the court correctly allowed Lockaway to proceed with the project, the County’s conduct did not effect a regulatory taking. The County also contends that if the judgment is affirmed, the trial court erred by awarding Lockaway attorney fees for work that was irrelevant or unnecessary to its inverse condemnation claim.

We conclude that the…

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