Loewenstein

The City of Lafayette (City) appeals from a judgment ordering it to pay just compensation for the delay caused by its erroneous denial of property owners’ lot line adjustment application. Respondents, the Loewensteins, purchased a small, landlocked parcel, intending to use it as part of a division of an existing property without having to resort to the Subdivision Map Act (SMA). (Gov. Code, § 66410 et seq.) When the City refused to allow the desired reconfiguration by a lot line adjustment, respondents obtained a ruling that the City erred and they were entitled to compensation. The central issue presented in this appeal is whether a two-year delay precipitated by the City’s erroneous action is an unlawful temporary taking of private property for a public use. Our Supreme Court, in Landgate, Inc. v. California Coastal Com. (1998) 17 Cal.4th 1006 [ 73 Cal.Rptr.2d 841 , 953 P.2d 1188 ] (Landgate), resolved the same issue and replied in the negative. Under the facts of this case, we are bound to follow the rationale of that decision and reverse.

Factual Background

In 1984 or 1985, Attorney Peter G. Loewenstein and his wife, Helen Loewenstein, built a 4,400-square-foot home…