Briggs

Briggs v. ST. OF CALIF., DEPT. PARKS & RECREATION

Good Law
159 Cal. Rptr. 390·1979 Cal. App. LEXIS 2264·98 Cal. App. 3d 190
Court of Appeal of CaliforniaOctober 30, 1979Civ. 44189California5,902 words

Opinion

Opinion

Taylor, J.

The State of California, acting by and through the Department of Parks and Recreation (Department) appeals from a judgment in inverse condemnation awarding damages in excess of the sum of $6 million to the property owner, Briggs, contending that: 1) Briggs had no cause of action for damages for inverse condemnation as a result of the California Coastal Zone Conservation Commission’s (State Commission) denial of a permit or the Department’s manifestation of an interest in acquiring the property; 2) the findings are not supported by the record and do not support the judgment; and 3) in the alternative, even if Briggs is entitled to damages for inverse condemnation, the amount awarded was excessive and an erroneous rate of prejudgment interest was applied; Briggs cross-appeals, contending that the court erred by limiting her postjudgment interest to 7 percent and failing to award her reasonably incurred litigation expenses pursuant to Code of Civil Procedure section 1036. We have concluded that the judgment must be reversed as it was predicated on the erroneous legal theory that Briggs had a cause of action for inverse condemnation; accordingly, the remaining contentions on…

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