Aptos Seascape Corp. v. County of Santa Cruz

The County of Santa Cruz (County) and others appeal from a judgment in an inverse condemnation action awarding Aptos Seascape Corporation (Seascape), a California corporation, over $3 million. The County also appeals from an adverse judgment on its cross-complaint, which alleged an implied dedication to the public of certain of Seascape’s beach property.

The Facts

Seascape owns approximately 110 acres of real property in Santa Cruz County, bounded by the Southern Pacific Railroad tracks, Monterey Bay, Camp St. Francis, and an existing residential tract. The 110 acres include approximately 40 acres which are above the 100-foot contour line (the benchlands), and approximately 70 acres below that contour line. The 70 acres include a beach about a mile long, arroyos, and a line of cliffs, or palisades. It is the 70 acres which are at issue here, and they will be referred to as the “Subject Property.” The benchlands include three parcels, designated parcels A, B, and C. Before the property was purchased, it was zoned unclassified. As a condition of its purchase, it was rezoned; the 110 acres were zoned residential, with a commercial hotel use allowed on one section of the…