Legal Question in Real Estate Law in California

We live in an area where property values have decreased because of a mis-managed city park (Sand Dune Park in Manhattan Beach). Can the city be held liable for allowing this to happen?


Asked on 3/25/10, 12:09 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No. You cannot prove your reduced property value was caused by the city's mismanagement of the park. There are many factors that affect a property's value and it would be speculation to say that this alone caused the drop in value. Also, the city is probably immune from this type of lawsuit.

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Answered on 3/30/10, 12:57 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, perhaps you could prove to the satisfaction of a jury (or judge) that your reduced property value was to some degree or another caused by the city's "mismanagement" of the park. Also, I don't know of any reason why a city would be categorically immune from all types of mismanagement. I think the suit fails on another ground. You would have to show that the city breached a duty owed to you (i.e., to maintain the park to a certain standard, or however you would phrase it), and I think a court would properly hold that no such duty exists. Without breach of a duty to you, there is no liability, even if there is mismanagement and resulting harm to you.

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Answered on 3/30/10, 7:15 am


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