Melamed

Defendant and appellant City of Long Beach (the City) appeals a judgment following a grant of summary judgment in favor of plaintiff and respondent Robert L. Melamed, trustee under the William L. Melamed, Sr., 1991 Trust (Melamed).

Melamed appeals from a postjudgment order limiting his award of attorney fees. The City cross-appeals from the postjudgment order.

Summary Statement

Melamed listed his real 'property (the Property) for sale at $8,950,000. About 27 months later, Melamed entered into a buy/sell agreement with the City for $8 million. Melamed later discovered the City had appraised his property at $8,690,000 before the sale. Based on that valuation, Melamed sought to recover an additional $690,000 from the City, plus interest. The trial court found for Melamed.

The essential issue presented is whether Government Code section 7267.2 controls this fact situation. That statute requires a public entity, prior to exercising its power of eminent domain, to offer just compensation in an amount no less than the approved appraisal value of the property.

Because the City purchased the Property in a routine buy/sell transaction, rather than in a precondemnation…