Scott Mollen Realty Law Digest
Scott E. Mollen, discusses "Haberman v. Zoning Bd. of Appeals of the City of Long Beach," where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.
May 04, 2021 at 11:54 AM
18 minute read
Development—City of Long Beach Ordered To Pay $131,292,386 Damages Based On Its Wrongful Revocation of Variances—City Allegedly Obstructed Development Since the Late 1980s—Breach of Contract—Due Process—Section 1983—Attorney Fees—Set Off Based on Settlement with Another Party—Damage Analysis
Litigation related to this matter has "lasted for 31 years so far." The plaintiff developer had sued the City of Long Beach, its zoning board of appeals (ZBA) and its building commissioner in connection with disputes involving variances. The developer had contemplated building 432 residential units in four buildings. After one "tower," (tower "A"), had been built, a dispute arose with respect to the other three towers. The developer's suit was settled by a stipulation in 1989. The 1989 stipulation provided that the developer would apply for new variances to construct the remaining three buildings. The developer agreed to pay $200,000 to the city to fund related public improvements (utilities). The city agreed to begin construction of the utilities within two years after receiving the $200,000. The developer then had to apply for building permits (permits) within a certain time period.
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