The only victory ever in the State of California of a “Lucas” regulatory taking claim. The case involved owners of 16 residentially zoned lots in Rancho Palos Verdes. The city refused to allow the owners to build on their lots, citing alleged landslide dangers.
This was a case brought against the City of Anaheim for failure to grant the plaintiff a permit to open his business. It was resolved with the City of Anaheim agreeing to issue the permit and paying the plaintiff $2 million dollars in damages for the improper delay.
In this case, the City of La Habra attempted to close the plaintiff’s business, claiming it was a public nuisance. Wellman &Warren filed a lawsuit on behalf of Pelican Theater, suing the City of La Habra, claiming violation of plaintiff’s First Amendment rights. After 30 days of trial, the City agreed to a settlement resulting in a payment to the plaintiff of $5.2 million dollars.