Ramona Convent of the Holy Names v. City of Alhambra

Good Law
1993 Cal. App. LEXIS 1284·21 Cal. App. 4th 10·26 Cal. Rptr. 2d 140·93 Daily Journal DAR 16209·93 Cal. Daily Op. Serv. 9506
Court of Appeal of CaliforniaDecember 20, 1993B064755California4,418 words

Opinion

Opinion

Klein, J.

Plaintiff and appellant Ramona Convent of the Holy Names (Ramona) appeals a judgment in favor of defendant and respondent City of Alhambra (the City) following the grant of a motion for summary adjudication which disposed of all issues between the parties.

Ramona desires to sell 1.97 acres of its campus to generate funds for school purposes. The essential issue presented is whether the City’s general plan and conforming open space zoning have resulted in a taking of that portion of Ramona’s property.

While the zoning of the parcel denies Ramona the highest and best use of the property, it does not amount to a taking. Thus, the trial court properly rejected Ramona’s inverse condemnation claim. The judgment is affirmed.

Factual and Procedural Background

Ramona has operated a Catholic girls’ school in Alhambra since 1889. The school is located on a parcel of land measuring about 19.17 acres owned by Ramona. In 1986, to remedy a deficiency in the amount of open space in Alhambra, the City’s zoning and general plan designation for the subject property, and for school properties generally, were changed from “Multiple Family” (R-3) to “Open Space.” Thus, Ramona’s entire…

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