LeMons

INTRODUCTION

Plaintiffs filed a verified petition for writ of mandate and complaint for inverse condemnation against the City of Los Angeles and related local entities challenging, in relevant part, the constitutionality of a one-year moratorium on new development permits imposed on their real property. After staying the inverse condemnation cause of action, the trial court denied the writ petition and found that the moratorium did not implicate the excessive fines clause of the Eighth Amendment to the United States Constitution. The court then granted a motion for summary judgment on the inverse condemnation cause of action, finding that the moratorium was not a taking under the Fifth Amendment to the United States Constitution and article 1, section 19 of the California Constitution. On appeal, plaintiffs challenge the trial court’s rulings. We affirm the judgment.

FACTUAL BACKGROUND

The Property Plaintiffs Damian and Denise LeMons own real property at 2516 13th Avenue in Los Angeles (property), on which a two-story single family residence was built in 1922. The property is located in a Historic Preservation Overlay Zone (HPOZ), 1 specifically the West Adams Terrace HPOZ. In…