San Francisco International Yachting Center Development Group v. City & County of San Francisco

Good Law
12 Cal. Rptr. 2d 25·1992 Cal. App. LEXIS 1115·9 Cal. App. 4th 672·92 Daily Journal DAR 12816·92 Cal. Daily Op. Serv. 7899
Court of Appeal of CaliforniaSeptember 16, 1992A055031California3,996 words

Opinion

Opinion

Haning, J.

Appellants San Francisco International Yachting Center Development Group et al. appeal a judgment dismissing their action for breach of contract and misrepresentation against respondent City and County of San Francisco (the City). The principal issue is whether certain leases granted by the San Francisco Port Commission require approval by the San Francisco Board of Supervisors.

Procedural History and Facts

Appellants sought to develop a maritime, yachting, retail and exhibition center at Piers 24, 24 Annex and 26 in San Francisco (the Property). After extensive discussions, the port commission agreed to lease the Property to appellants for two years with an option to renew for fifty years. The draft agreements expressly stated that their terms would commence “on the effective date of the ordinance of the San Francisco Board of Supervisors approving the [leases and/or option].” The port commission approved the proposal by resolution, expressly subject to approval by the board of supervisors. The board of supervisors did not give its approval, and the port commission later voted to accept the development proposal of another developer.

Appellants’ first amended complaint…

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