AGC associate Richard Lam successfully argued behalf of the City of Pomona to uphold the process for relocating historic structures. Through AGC's efforts, the case was dismissed on demurrer by the trial court-- a feat that rarely happens in civil actions.
The case involves an historic gas station that was relocated to a different parcel. In order to develop the lot on which the structure was ioriginally located --a corner parcel with greater development potential-- the developer properly relocated the building to a different parcel for reuse. After receiving approvals from the City's Planning Commission and the Historic Preservation Ordinance, the building was properly relocated and refurbished.
However, after several years of the building being on the receiving property, the owner of the receiving property filed a law suit against the original building owner for breach of contract . The City was brought in by the original owner on various theories. The court granted the City's demurrer on the basis that the original owner has not exhausted its administrative remedies at the City level.
This is an important victory for the City in maintaining its historic districts and historic preservation ordinance. Through diligently litigating this matter AGC was able to get the client out of a lengthy legal battle and avoid trial.
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