Trust of Three v. City of Emeryville

OPINION AND ORDER

In October, 1973, plaintiff, a partnership known as Trust of Three, bought 22 acres of property zoned “industrial-commercial” in the City of Emeryville, California. Plaintiff now brings an action against the City of Emeryville (City) and Edward M. Steffani claiming an inverse condemnation of 7.6 acres of said land by the City resulting from the imposition of and the requirement of compliance with allegedly unreasonable and unnecessary requirements before determining whether to issue a use permit for the subject property.

Plaintiff asserts that the way in which the City processed its application for a use permit, including the requirement of sound tests and an environment impact report (EIR), when examined in relation to the City’s planning and rehabilitation goals, was unreasonable, rendered plaintiff’s property unmarketable, and, thus, resulted in a de facto taking without just compensation. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 since the dispute arises under the Fifth and Fourteenth Amendments of the Constitution.

For the reasons hereinafter stated, the Court finds no such inverse condemnation occurred and, pursuant to Rule 56 of the…