LOEWENSTEIN v. CITY OF LAFAYETTE

No. A093590.

127 Cal.Rptr.2d 79 (2003)

103 Cal.App.4th 718

Peter G. LOEWENSTEIN et al., Plaintiffs and Appellants, v. CITY OF LAFAYETTE, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

Rehearing Denied December 10, 2002.

Review Denied February 11, 2003.


Attorney(s) appearing for the Case

David J. Bowie, Walnut Creek, Bowie & Bruegmann, LLP for Appellants/Plaintiffs—Peter G. Loewenstein et al.

Charles J. Williams, City Attorney, E. Clement Shute, Jr., William J. White, Osa L. Armi, Shute, Mihaly & Weinberger LLP for Appellant/Defendant—City of Lafayette.

Dennis J. Herrera, City Attorney, Andrew W. Schwartz, Deputy City Attorney, for Amicus Curiae—City and County of San Francisco.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, Joseph Barbieri, Deputy Attorney General, Office of the Attorney General for Amicus Curiae— State of California.


MARCHIANO, P.J.

The City of Lafayette (City) appeals from a judgment ordering it to pay just compensation for the delay caused by its erroneous denial of property owners' lot line adjustment application. Respondents, the Loewensteins, purchased a small, landlocked parcel, intending to use it as part of a division of an existing property without having to resort to the Subdivision Map Act (SMA). (Gov.Code, § 66410 et seq.)1 When the...

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