Dryden Oaks v. San Diego County Regional Airport Authority

In 2001, Michael Durkin, through two limited liability companies, purchased two lots directly adjacent to the McClellan Palomar Airport (Airport) in the City of Carlsbad (City). His development plans for the two lots were initially successful despite determinations by the San Diego County Regional Airport Authority (Authority) that the proposed projects were not compatible with the Airport. Overriding the Authority's objections, the City issued a planned industrial permit and Durkin completed the construction of a commercial building on one of the lots in 2005. He also obtained a permit from the City for construction of a second building on the other lot. Both permits included provisions in which Durkin agreed to hold the City harmless for any liability arising out of approval of the projects. Durkin's permit on the second lot expired in 2012 without the commencement of any construction. By the time Durkin sought to restart the permitting process with the City, the Authority had adopted an Airport Land Use Compatibility Plan (ALUCP) that designated Durkin's properties as being within a Safety Zone that carried specific limiting recommendations for compatible land uses. Despite having approved Durkin's previous permit application, the City now refused to override the recommendations in the ALUCP. Durkin filed an inverse condemnation action against the Authority and San Diego County, arguing the value of his property was depressed by the Authority’s adoption of the ALUCP and that decrease in value constituted a governmental taking. The Court of Appeal concluded the trial court properly entered summary judgment in favor of the County and the Authority on the ground that undisputed evidence shows there was no taking by these defendants. View "Dryden Oaks v. San Diego County Regional Airport Authority" on Justia Law