Albright

This is an appeal from a judgment of the Superior Court of Los Angeles County granting in part and denying in part a peremptory writ of mandate. Defendant Department of General Services (hereafter the Department) appeals from the judgment granting the petition of the writ while plaintiffs (hereafter petitioners) cross-appeal from the denial of the petition.

Facts:

In February 1973 the state acquired property at Topanga Beach through condemnation proceedings. Prior thereto, the land in question was owned in fee by the Los Angeles Athletic Club. Starting in the early 1900’s and continuing through early 1973, the club leased numerous parcels of the land to individuals who built houses thereon. The leases continued through early 1973.

After acquiring the Topanga Beach property in February 1973, the state started providing relocation assistance to those homeowners who were moving out. Those who refused to move were issued termination notices in October 1973. In November 1973, the lessees filed suit in superior court to enjoin the state from evicting them. A temporary restraining order was issued but was dissolved in December 1973. In April 1975 the superior court enjoined…