L.J. Stephens G. Maxine Stephens v. City of Vista Orbee Mihalek Gloria E. McClellan Robert C. K. Foo

The City of Vista, California timely appeals the judgment of the district court in favor of L.J. Stephens and G. Maxine Stephens (the Stephenses) on their claim for breach of settlement agreement. The settlement agreement at issue was the result of the Stephens-es’ action against the City for inverse condemnation and for deprivation of civil rights under 42 U.S.C. § 1983 . We affirm.

I.

FACTS AND PRIOR PROCEEDINGS

The Stephenses purchased the property which is the subject of this litigation in 1973 for the purpose of developing an apartment complex of approximately 140 to 150 units. In 1976, the owner of an adjoining parcel submitted plans to the City which included a proposed lowering of “Street A” which had been contemplated as the primary access to the Stephenses’ property. The City approved the lowering of Street A which made it difficult to service the Stephenses’ property because of the extreme differences in elevation between the street and the property.

A. Stephenses’ Suit For Inverse Condemnation

As a result, the Stephenses filed an action against the City in state court for inverse condemnation. While the state court action was pending, the City rezoned the…