Riley

A local ordinance was amended during the pendency of a lawsuit to recite that it does not impose the duty that the defendants allegedly breached. In this case, we consider whether the amendment is in fact a substantive change in the law, and if so whether the language of the amending ordinance, and the scant legislative history of record, are adequate to give the change retroactive application. The trial court ruled that the law was indeed changed, but that the change was retroactive. We reverse. We agree with the trial court that the law was substantively changed, but we find no basis in the plain language of the ordinance or its legislative history to apply the change to past conduct.

Factual and Procedural Summary

In 1962, the Beverly Hills City Council (Council) adopted an off-street parking ordinance, which included the following definition: “For the purposes of this chapter, the words and phrases set forth in this section are defined as set forth herein, unless the context clearly indicates a different meaning is intended: HD ... HD (b) ‘[p]arking facility’ shall mean an off-street facility used for the parking of motor vehicles.” (Beverly Hills Ord. No. 1152, §…