Wedding v. People ex rel. Department of Transportation

Opinion

STEPHENS, J. This appeal is from an adverse judgment in an inverse condemnation action.

We adopt the “Factual Statement” as set forth in appellant’s brief:

“In the latter part of 1968, Appellant was the owner of a parcel of property fronting on Noble Avenue in the San Fernando Valley identified as Lot 10, Tract 15055. During that time Respondent was in the process of acquiring rights of way for the Route 118 Freeway (Simi Freeway). Lot 11, which adjoins Lot 10 to the south and also fronts on Noble Avenue was acquired by Appellant from Respondent as part of a ‘package deal’ whereby Appellant was required to convey to Respondent certain property interests in Lot 10 to form a cul-de-sac necessitated by the closure of Noble Avenue. Appellant acquired Lot 11 from Respondent pursuant to a Right of Way Contract dated January 9, 1969, the deed therefor being recorded April 30, 1970 and received by Appellant May 18, 1970.

“In January of 1970, Appellant moved a previously acquired home onto Lot 11 under a relocation permit issued to him by the City of Los [721]Angeles. At that time there was a driveway ramp to Lot 11. Commencing on January 29 and continuing intermittently through February 19, 1970 Respondents engaged in construction, including forming, reinforcing steel and concrete for a storm drain. In March of 1970, Respondents formed and poured concrete for the sidewalk culvert extending across the frontage of Lot 11. The final concrete deck was placed on April 6 and 7, 1970. On March 26, 1970 Respondent’s engineer advised Appellant that driveway access would not be provided to Lot 11 and similar information was discussed on April 1, 1970, in consultation with the city engineer’s staff. On April 13, 1970, the City of Los Angeles withdrew its relocation permit for lack of access to Lot 11. The City, however, granted Appellant until May 14, 1970 to file a revised plot plan showing how physical access would be provided. Appellant was unable to provide alternate physical access. The court found that completion of construction by Respondent, as it affected Lot 11 occurred on April 20, 1970.

“However, Respondent caused additional work to be accomplished in the area as late as May 15, 1970, when the curb and gutter was tom up and reconstmcted, and May 19, 1970, when street clean-up operations occurred and May 20, 1970 when approximately 79 lineal feet of curb and gutter was constructed, and on June 4 and June 5, 1970 when the sidewalk was formed and poured and continuing up through June 15, 1970 when the streets were topped. The testimony of Respondent’s witnesses concerning these latter dates was stricken by the court over Appellant’s objection.”