Cotta

Cotta v. City and County of San Francisco

Good Law
157 Cal. App. 4th 1550·2007 Cal. App. LEXIS 2051·69 Cal. Rptr. 3d 612
Court of Appeal of CaliforniaDecember 18, 2007A116583California6,753 words

Opinion

Opinion

Haerle, J.

I. INTRODUCTION

In this appeal, we must determine whether the City and County of San Francisco (City) may be liable for contract damages following a valid exercise of its police power. In March 2003, the San Francisco Airport Commission (Commission) passed a resolution granting certain benefits to drivers of clean air taxis providing transit service at San Francisco International Airport (SFO). Thereafter, plaintiffs and appellants Alex Cotta, Aloizio Costa, Majed Dajani, Andrew Lindemann, Isam Kayed, Mohamad Quitteineh, and Saleem Shaikh purchased compressed natural gas (CNG) taxicabs and operated them at SFO. In November 2003, the Commission adopted a new resolution that conferred reduced benefits, and appellants brought suit for breach of contract. On cross-motions for summary judgment, the trial court granted the City’s motion and denied appellants’ motion. Appellants challenge those rulings on theories of breach of contract, promissory estoppel, and inverse condemnation. We will affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

In 1998, the Taxicab Alternative Fuels Working Group was formed for the purpose of encouraging the San Francisco taxicab industry to purchase…

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