Bi-Rite Meat & Provisions Co. v. City of Hawaiian Gardens Redevelopment Agency

Appellant Bi-Rite Meat & Provisions Co. (Bi-Rite) appeals from the trial court’s order denying its petition for writ of mandate. In the petition, Bi-Rite sought an order directing respondent City of Hawaiian Gardens Redevelopment Agency (Agency) to pay relocation benefits to Bi-Rite. In denying the petition, the trial court held that Agency’s board’s decision that (1) Bi-Rite did not timely submit a claim and (2) Bi-Rite failed to provide evidence to support good cause to be relieved from the statute of limitations did not abuse the board’s discretion, was in accordance with the law and was not arbitrary, capricious or without evidentiary support. We agree. The evidence shows that Bi-Rite untimely filed a claim for relocation benefits and that Agency’s board did not err in finding no good cause to extend the statute of limitations. Accordingly, we affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

A. Inverse Condemnation Proceedings

Bi-Rite operated as a specialty meat, fish and poultry market in the City of Hawaiian Gardens. Bi-Rite was a subtenant of a supermarket, Plowboys Market. In August 1993, under threat of eminent domain, Agency acquired the…