THOUSAND OAKS : Ruling Favors City on Jungleland Issue

A judge has ruled against a Santa Monica property owner who sued the city of Thousand Oaks for condemning his land to build a government and arts center at the former Jungleland site.

Judge Bruce Sumner, in a tentative ruling issued Wednesday, said property owner Assadollah Morovati “failed to meet his burden of proof” and is not entitled to damages from the city. The judge presided over the first part of a two-phase trial.

The judge gave attorneys for both sides until Friday to submit additional arguments, but he is not expected to change the ruling.

The city imposed a moratorium on development on the Jungleland site in May, 1987, and condemned the land for its own use in October.

“We contend that the judge kept out all the evidence so we couldn’t present our case,” said Morovati’s attorney, Richard L. Franck.

Morovati’s attorneys had argued that their client was entitled to the value of the business that would have been built at the 20-acre Jungleland site if city officials had allowed Morovati to develop a shopping center.

Franck said a ruling for his client would have added between $5 million and $6 million to the cost of the Jungleland site.

Thousand Oaks City Atty. Mark G. Sellers said city officials are pleased with the judge’s decision.

“I don’t think there are factors that showed that we did anything that was totally illogical and unreasonable under the circumstances,” he said.

The trial will decide the value of the 20-acre site on Thousand Oaks Boulevard and Conejo School Road.

The second part of the trial starts Nov. 5, when attorneys for both sides begin arguments on the value of the land. The jury, which has not been selected, will decide the adequacy of appraisals for the Jungleland site, attorneys for both sides said.

The city has offered Morovati $13.4 million to settle the lawsuit. Two appraisals obtained by Morovati, however, indicate that the land is worth between $20 million and $21 million, Franck said.