California Court of Appeal

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Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes, C059239

In a developer's suit against a town for anticipatory breach of contract, jury's finding that the town breached the development agreement and an award of $30 million in damages to the plaintiff, is affirmed where: 1) administrative mandamus is not the exclusive remedy, under the circumstances of this case, where there has been an anticipatory breach of the development agreement not involving a quasi-judicial determination; 2) the three clauses of the development agreement do not provide a defense to the plaintiff's breach of contract action; 3) plaintiff established a breach attributable to the town by evidence of the actions of town officials, acting within their authority; 4) evidence of damages in the form of lost profits was not too speculative to support the $30 million damages award; and 5) the town's contention that the award of attorney fees must be reversed is without merit because the town's sole argument for reversal of the attorney fees award is that it was based on the plaintiff's status as the prevailing party.

Appellate Information

  • Decided 12/30/2010
  • Published 12/30/2010

Judges

  • NICHOLSON

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Peter E. Tracy, Daniel L. Brockett

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