Los Angeles County officials are said to have scheduled an auction for a 27-acre site atop the Calabasas hills. However, the owner of the site is refusing to budge, occupying the property in protest while accusing local officials of trespassing.
The property, at 27250 Agoura Road, was previously on the market for $29 million. When the listing surfaced on Zillow and other websites in February, Clinton Brown, the owner of the property, claimed that the site had entitlements for a 200-home subdivision. The residential plans, as well as a previous proposal to build a 20-megawatt solar field on the site, were ultimately rejected by the county.
According to Brown, the listing has generated engagement, particularly from home builder Toll Brothers. In a statement, he said that the firm has expressed interest in buying the site for $29 million. The Real Deal has not been able to verify this claim. Toll Brothers did not respond to requests for comment.
A legal dispute has swirled around the property since December 2022. In his initial complaint, Brown claimed that Los Angeles County’s Department of Regional Planning violated his rights under the Fifth Amendment, particularly the Takings Clause, which requires “just compensation” for private property taken for public use. Citing that provision, Brown, who is representing himself in the case, claimed that he is entitled to a $32.4 million payout.
L.A. County’s counsel, on the other hand, cast doubts on the ownership of the site and claimed that no structures should be built there because it is zoned as open space in an ecological area. Since the start of the dispute, Brown has accumulated a succession of fines from the county for orchestrating a “public nuisance.” While the total amount is unclear, he mentioned a total $40,914 in fines from May and July in a court filing.
In May, Central District Court Judge Karen Stevenson rejected Brown’s claim, recommending a ruling in favor of Los Angeles County officials. “After thoroughly examining the evidence submitted by both sides, the court concludes that plaintiff’s assertions that a constitutional taking occurred do not establish disputed issues of material fact sufficient to preclude summary judgment. Indeed, plaintiff has failed to counter the law and evidence put forth by defendant establishing that no such taking occurred here,” the recommendation stated.
Brown responded by occupying the site in protest and putting up a sign declaring that he was “homeless on my own land.”
“The plaintiff is noticing to the court and the government that he is illegally living on his property in contravention of the government’s position in federal court,” Brown said in a court filing last month.
A Los Angeles County representative declined to comment on what it plans to do about Brown’s protest.
The developer’s intentions are perfectly clear.
“I’m not backing down because I just want to build the housing we need, and the government is not going to stop me from doing that,” he told TRD.
Brown’s brokerage, Atlas, planned to build a residential project on the site called Atlas Hills. The project, described as a “new, vibrant California neighborhood,” featured homes fitted with “the latest in smart home technology,” according to the company’s website. Three-bedroom, two-bath homes in the planned complex were marketed for sale at nearly $1.1 million.
The auction for the site has been scheduled for April 19 to 22 next year, according to a court filing. The county declined to confirm that an auction has been scheduled.