McCarthy v. City of Manhattan Beach

264 P.2d 932, 41 Cal. 2d 879, 1953 Cal. LEXIS 338
CourtCalifornia Supreme Court
DecidedDecember 30, 1953
DocketL. A. 22507
StatusPublished
Cited by77 cases

This text of 264 P.2d 932 (McCarthy v. City of Manhattan Beach) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCarthy v. City of Manhattan Beach, 264 P.2d 932, 41 Cal. 2d 879, 1953 Cal. LEXIS 338 (Cal. 1953).

Opinions

SPENCE, J.

Plaintiffs sought a judgment declaring that a certain zoning ordinance restricting the use of their oceanfront property to beach recreational purposes is “null and void” as applied to them. In the first cause of action they challenged the constitutionality of the zoning restriction insofar as it affects their land, claiming that it violates the due process and equal protection clauses of both the federal and state Constitutions and results in a taking of their property for public use without compensation. (U.S.C.A. Const. Amend. XIV; §1; Cal. Const. art. I, § 13.) They also alleged that the restrictive use is unreasonable, arbitrary, and discriminatory, and is an abuse of legislative discretion. In their second cause of action they challenged the validity of the zoning restriction on the ground that it was not passed in good faith but was adopted pursuant to a scheme, conceived by the mayor and members of the city council, to depress the value of plaintiffs’ property so that it could be acquired for public park purposes at the lowest possible price. The trial court decided in favor of the city; and settled legal principles sustain the propriety of its judgment.

Plaintiffs are the owners of approximately three-fifths of a mile of sandy beach frontage in the city of Manhattan Beach. The property extends from 1st Street, which is the south boundary of the city adjoining Hermosa Beach, to 13th Street. It is a strip of land varying in width from 174 to 186 feet and having an average slope of 1 to 2 feet vertical [883]*883in 10 feet horizontal. It is bounded on the west by the Pacific Ocean and on the east by a state park, which was formerly a 50-foot right of way belonging to the Pacific Electric Railway Company. To the east of this former right of way and extending along the city’s entire ocean frontage is a cement walk, 15 feet wide, and called “The Strand.” Back therefrom are residential and business houses. As it parallels plaintiffs’ property running from south to north, the strand varies in elevation from 2 to 15 feet above the Pacific Electric’s former right of way, which in time of storm and on other occasions has been covered with water.

In 1924 the city brought a quiet title action with respect to the property now owned by plaintiffs, upon the claim of the subdividers’ dedication of the land for public use according to certain recorded maps. The action, tried in 1935, resulted in a judgment against the city and title was quieted in plaintiffs’ predecessors in interest. The judgment was affirmed on February 15,1938. (Manhattan Beach v. Cortelyou, 10 Cal.2d 653 [76 P.2d 483].) Since at least 1900 the property has been continuously used for public beach purposes. (Ibid. p. 665.) In 1929 it was classified under the city’s ordinance (No. 337) into a single-family residence district. Following the final judgment in the quiet title action and over a period of several years, plaintiffs and the city cooperated in various unsuccessful efforts to cause the property to be acquired through sale or lease by the public authorities. Resolutions were passed by the city from time to time declaring its present lack of funds for acquisition of the property but recommending that the county or state allocate money so that continued “use of the property as a public beach” could be preserved. In discussion of the matter with plaintiff Neil S. McCarthy, both the mayor and city attorney expressed their hope that the property would not be sold or improved so as to increase the cost of its acquisition by the public authorities.

On June 24, 1940, Mr. McCarthy advised the mayor by letter that upon assurance from the city officials that arrangements were being made to acquire the property, he had delayed putting it on the market during the main selling season ; and that in the hope then of deriving some revenue from the property, he was arranging to enclose it and charge admission for its use. An emergency ordinance passed by the city on July 1, 1940, prohibited the erection of any barbed wire fence in the city without first obtaining a written permit from the city council. McCarthy secured such a permit and [884]*884immediately began construction of the desired fence. It was never fully completed, as parts of it were destroyed by the public at various times during its building and finally it became necessary to remove the fence entirely. On July 30, 1940, McCarthy by letter notified the city council of these difficulties, demanded police protection, and stated his intention of holding the city responsible for all damages suffered.

By letter of August 12, 1940, McCarthy advised the city council of his belief that the property could not be sold or subdivided for residential purposes and requested a rezoning of the property for business purposes. Pursuant to the recommendation of the city planning commission after a public hearing, the city council on August 22, 1940, denied the request. Then on June 26, 1941, the city council adopted the zoning ordinance in question (No. 502), whereby under section 10 plaintiffs’ property could be used only for beach recreational activities and for the operation of beach facilities for such activities for an admission fee; and the only structures permitted thereon were lifeguard towers, open smooth wire fences and small signs. Meanwhile the city was still interested in plaintiffs’ property for a public park and carried on negotiations with the state looking toward its acquisition. In 1948 the state commenced an action to condemn the property for park purposes but it has not yet been brought to trial.

Plaintiffs made no use of their property as permitted by the 1941 zoning ordinance nor did they receive any income therefrom. In 1950 they applied to the city for a modification of the ordinance so as to change the classification of their property from “Beach Recreational District” to “Single Family Residence District.” Plaintiffs had paid taxes on their property ranging from approximately $4,200 in 1940 to approximately $9,000 in 1950. The rezoning application was referred to the city planning commission and, after public hearings, was denied on January 10, 1951. The city council denied the application on March 6, 1951. Plaintiffs thereupon brought this action for declaratory relief.

The trial court found, in part, that plaintiffs’ property is, from time to time, subject to erosion and replacement by reason of storms and wave action of the Pacific Ocean; that any residences which could be constructed upon the property would necessarily be erected on pilings, and reasonable minds might differ as to the safety of residence properties so constructed; [885]*885that such construction might also create police problems by reason of possible uses of the areas underneath the residences for immoral purposes; that one of the principal characteristics of the city is its beach advantage bordering upon the Pacific Ocean; that at all times since adoption of the 1941 ordinance, plaintiffs’ property has been suitable for use and has been used by the city and visitors thereto for beach recreational purposes; that it is not true that the city, through its mayor and councilmen, or otherwise, conceived any scheme designed to accomplish the keeping of the property unimproved so it could be used as a public beach recreational area or to depreciate the value of the property so as to enable the public authorities to acquire it at the lowest possible price.

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Cite This Page — Counsel Stack

Bluebook (online)
264 P.2d 932, 41 Cal. 2d 879, 1953 Cal. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-city-of-manhattan-beach-cal-1953.