Uniwill L.P. v. City of Los Angeles

Uniwill L.P. appeals the dismissal of its lawsuit for inverse condemnation after the successful demurrer of defendant City of Los Angeles (the City) and the subsequent judgment on the pleadings entered in favor of Southern California Edison Company (Edison). The trial court ruled that Uniwill’s complaint was a challenge to the conditions of a tract map (Tract Map) which, pursuant to Government Code section 66499.37, was required to be filed within 90 days of imposition of the challenged conditions. The court also ruled that the complaint failed to state a cause of action for inverse condemnation against Edison. We determine that the court erred in both findings, and so reverse the judgment.

FACTS

Uniwill is the owner of a parcel of real property near downtown Los Angeles. Wishing to develop a shopping center on the property, Uniwill applied to the City Advisory Agency for a tentative Tract Map (Tentative Tract Map) in August 1999. The Advisory Agency issued Tentative Tract Map No. 52972 on December 20, 1999, approving construction of Uniwill’s project subject to certain conditions. Based on that approval, Uniwill obtained the necessary building permits, arranged…