Honchariw v. Co. of Stanislaus
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Plaintiff appealed the trial court's application of the 90-day statute of limitations in Government Code section 66499.37 to his inverse condemnation action and conclusion that the action was untimely. While the court agreed with plaintiff that a land owner may elect to pursue a damage claim for an unconstitutional taking after a mandamus proceeding results in a final judgment, the initial mandamus action must result in “a final judgment establishing
that there has been a compensable taking of the plaintiff’s land.” In this case, plaintiff’s mandamus action did not seek or establish that an unconstitutional taking occurred
when the county denied his subdivision application. Therefore, plaintiff does not qualify for the two-step procedure identified in Hensler v. City of Glendale. As a result, the unconstitutional taking claim in plaintiff's inverse condemnation action is time barred under section 66499.37. In regards to the cross-appeal involving the denial of sanctions against plaintiff, the court concluded that the trial court correctly determined that plaintiff's complaint was not frivolous. Accordingly, the court affirmed the judgment.
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