City of Oceanside v. AELD, LLC

Good Law
740 F. Supp. 2d 1183·2010 WL 3790077·2010 U.S. Dist. LEXIS 106390
United States District Court, Southern District of CaliforniaSeptember 28, 2010Civil 08cv2180 JAH (BGS)California3,933 words

Opinion

Opinion

Houston, J.

ORDER RE MOTIONS FOR SUMMARY JUDGMENT

[Doc. Nos. 26, 27, 28]

BACKGROUND

To bring its airport into compliance with Federal Aviation Administration (“FAA”) standards, PlaintiffiCounter-defendant City of Oceanside approved an Airport Master Plan, which included an updated Airport Layout Plan (“ALP”). Gurley Dec. ¶¶ 15, 18 (Doc. No. 28-2). The Airport Master Plan recommended the City acquire 2.6 acres on the north side of the airport and relocate the airport fence to bring it into compliance with federal airport safety standards for runway primary surface, and acquire 10 acres on the north side to bring the airport into compliance with FAA runway/taxiway separation safety standards. Oceanside Municipal Airport Master Plan, Pla’s Exh. 1 at 46 (Doc. No. 28-3). The FAA, thereafter, approved the ALP. Gurley Dec. ¶ 19. The City Council then adopted a resolution declaring the necessity of authorizing condemnation of a 2.6 acre parcel of land owned by The Deutsch Company, the predecessor in interest to Defendant/Counter-claimant AELD, LLC. Resolution NO. R97-161, Pla’s Exh. 14 at 238 (Doc. No. 28-5). In December 1997, Deutsch filed a lawsuit in state court against the City for a writ of…

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