Flahive

Flahive v. City of Dana Point

Good Law
1999 Cal. App. LEXIS 494·72 Cal. App. 4th 241·85 Cal. Rptr. 2d 51·99 Daily Journal DAR 4764·99 Cal. Daily Op. Serv. 3757
Court of Appeal of CaliforniaMay 19, 1999No. G022514California2,703 words

Opinion

Lead Opinion

Seymour, J.

Lydia Flahive appeals the judgment in her action for negligence, trespass, and inverse condemnation against the City of Dana Point (the City) and West Coast Land-Clearing (West Coast), contending: (1) the warrant used to abate a nuisance on her property was void because the issuing court lacked subject matter jurisdiction, the court did not have jurisdiction over Flahive’s property, and the warrant was issued by a commissioner; (2) the trial court should have found liability under the California *243 Tort Claims Act; and (3) the court should have awarded damages for inverse condemnation. 1 We affirm.

Flahive converted half of her garage into two studio apartments, without obtaining permits, a violation of the Dana Point Municipal Code. 2 The City sent a number of letters and attempted to meet with Flahive to remedy the problem, but to no avail.

The City scheduled a nuisance abatement hearing. Flahive received notice of the hearing but did not attend. The City presented testimony and documentary evidence, and the hearing officer, a retired judge, ruled the apartments were a nuisance. The officer ordered Flahive to allow city staff to inspect the premises or to produce…

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