First English Evangelical Lutheran Church of Glendale v. County of Los Angeles

Facts

Appellant bought, in 1957, 21 acres of land in a canyon along the banks of Mill Creek in the Angeles National Forest and constructed a dining hall, two bunkhouses, a caretaker’s lodge, an outdoor chapel, and a footbridge across the creek. It was known as “Lutherglen,” and operated as a camp for retreats and for handicapped children. In July of 1977, a fire destroyed the acreage above the canyon and as a result of the fire a flood wiped out Lutherglen. In response, the Appellee issued an ordinance, which prohibited the reconstruction of any buildings in the canyon. The Appellant claimed that this prohibition amounted to a taking within the meaning of the Fifth Amendment to the United States Constitution. About one month after the ordinance was passed, the Appellant filed a complaint alleging that the ordinance denied it the use of Lutherglen and sought damages for the deprivation. The allegation was struck and affirmed by the Court of Appeals of California on the assumption tha t the complaint sought damages for the unconstitutional taking without just compensation. Relying on California law, the court held that the remedy for a taking is limited to non-monetary relief and denied damages since Appellant’s sought damages in the complaint.