Guinnane

Plaintiffs and appellants, real estate developers, brought an inverse condemnation action against defendants on a theory that the city’s conduct in delaying action on a building permit application to construct four single-family houses on four adjoining lots, pending environmental review, was so unreasonable as to amount to a taking without just compensation. Following an order granting summary judgment in favor of the city, plaintiff appeals.

Factual Background

In 1979, plaintiff Roy Guinnane purchased four vacant lots located on Edgehill Way in San Francisco. In July 1980, the recreation and parks commission and the planning commission, acting jointly, designated an area known as “Edgehill Woods,” which included plaintiff’s lots, for study for possible acquisition as a city park. Accordingly, Edgehill Woods was included in the recreation and open space element of the city’s master plan.

In September 1980, plaintiff filed an application for a building permit. The “environmental evaluation” submitted with the permit application revealed plaintiff’s intent to build four single-family houses on the lots. After an initial study, the city’s planning department concluded…