The San Diego Gas & Electric Company is seeking compensation for a landowner whose property was rezoned by the City Council and included in the city's open-space plan. The landowner sued, alleging that the city had taken its property without just compensation. The lower court granted judgment for the landowner, finding that the city had taken the property and just compensation was required. A subsequent jury trial resulted in a judgment for the landowner for over $3 million. The Court of Appeal reversed the decision, ruling that the remedy was mandamus or declaratory relief, not inverse condemnation. The California Supreme Court vacated the Court of Appeal's decision and allowed the appellant to pursue relief in the Superior Court.
San Diego Gas & Electric Co. v. City of San Diego (1981)
Supreme Court of the United States
450 U.S. 621, 67 L. Ed. 2d 551, 101 S. Ct. 1287, 1981 U.S. LEXIS 1, SCDB 1980-063
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