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PFEIFFER v. CITY OF LA MESA

Docket No. 14633.

69 Cal.App.3d 74 (1977)

137 Cal. Rptr. 804

HAROLD W. PFEIFFER et al., Plaintiffs and Appellants, v. CITY OF LA MESA, Defendant and Respondent.

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

April 15, 1977.

Attorney(s) appearing for the Case

COUNSEL

Higgs, Fletcher & Mack, Joe N. Turner and Donald H. Glaser for Plaintiffs and Appellants.

Knutson, Tobin, Meyer & Shannon and Daniel J. Tobin for Defendant and Respondent.

OPINION

AULT, J.*

(1a) Assuming a municipality imposes invalid conditions in a building permit, this case presents the issue of whether a landowner can comply with a condition "under protest," construct the required improvement, and then maintain an action in inverse condemnation to recover his costs. We conclude, as did the trial judge, he cannot...

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