Buckley

I.

The California Coastal Commission (Commission) appeals from a judgment awarding $2,187,331.76 in damages, attorney fees and costs to respondents Peggy Ann and John Buckley for the taking of their property without compensation.

We affirm the trial court’s ruling that the Commission had no jurisdiction over the rear portion of the Buckleys’ lot. However, the damage award is reversed because the evidence does not establish that the mistaken assertion of jurisdiction by the Commission amounts to a taking. (Landgate, Inc. v. California Coastal Com. (1998) 17 Cal.4th 1006 [ 73 Cal.Rptr.2d 841 , 953 P.2d 1188 ].) For the reasons stated below, we also reverse the award of attorney fees.

II. Facts and Procedural History

In January 1988, the Buckleys purchased an undeveloped lot in Malibu, which was at the time an unincorporated area of the County of Los Angeles (County). The Buckleys intended to build a single-family residence on the lot, which is located in an established single-family residential community. They were informed by their real estate broker that the lot was exempt from review or regulation by the Commission for construction of a single-family residence. The…