York

York v. City of Los Angeles

Bad Law
245 Cal. Rptr. 3d 731·33 Cal. App. 5th 1178
Court of Appeal of CaliforniaMarch 8, 2019B278254California7,988 words

Opinion

Lead Opinion

Edmon, J.

*1180 Kenneth and Annette York (plaintiffs) own a 40-acre parcel of land in the Hollywood Hills. In 2011, they sought approval from the City of Los Angeles (City) to build a large house, guest house, and recreational area on the property. To do so, they also sought approval of nearly *1181 80,000 cubic yards of grading-more than 24 times the amount of grading permitted by right. The City granted permission to build the home and most of the accessory structures, but denied the grading request. Plaintiffs then filed a complaint in the superior court that sought a writ of mandate and alleged causes of action for inverse condemnation and violation of civil rights. The superior court denied the mandate petition and granted judgment on the pleadings on the inverse condemnation and civil rights causes of action. Plaintiffs appealed.

On appeal, plaintiffs characterize the City's action as a final decision limiting them to 3,300 cubic yards of grading-a grading limitation that plaintiffs contend will foreclose any development of the property. The record does not bear out these characterizations. While the City denied plaintiffs' request for almost 80,000 cubic yards of grading, it neither…

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