Redevelopment Agency v. Salvation Army

Defendant Salvation Army (Army) appeals the portion of a judgment after court trial favoring plaintiff Redevelopment Agency of the City of San Diego (Agency) on Agency’s cause of action for cost recovery under the Polanco Redevelopment Act (Health & Saf. Code, § 33459 et seq., Polanco Act). Army contends the court erred in concluding Agency satisfied the legal requirements for recovery of such costs. Army also contends the court should have awarded Army its litigation costs and attorney fees. We affirm the judgment.

I

Introduction

Army owned a parcel (the Property) located in an area where Agency was acquiring properties for a redevelopment project. In accord with the Polanco Act, Agency gave Army notices to submit a timely proposed action plan for remediating hazardous substances on the Property. However, when Army failed to submit any plan by the statutory deadline, Agency proceeded to take actions it deemed necessary to remove hazardous substances from the Property.

Agency developed a master work plan for the redevelopment project that received the approval of the County of San Diego Department of Environmental Health (County Department), the regulatory agency…