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$1.2 Million Awarded in Permit Fight : Courts: Former South Pasadena mayor is granted damages against city and officials who rescinded permission to expand his home after work had begun.

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TIMES STAFF WRITER

Former South Pasadena Mayor Lee D. Prentiss had already cut up a wall and poured new concrete foundations for an addition to his Craftsman-style home when city officials abruptly revoked his building permit.

City officials said they wanted to make sure the changes would not spoil the 86-year-old home on the state Historic Resources Inventory. But Prentiss charged that it was a reprisal by political enemies.

A Superior Court jury sided with Prentiss on Friday, returning a $1.2-million verdict in his favor, finding that city officials violated his civil rights by conspiring to revoke the permit to expand his home. Of the amount awarded Friday, $1.06 million was for actual losses and $150,000 was for emotional suffering.

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The city, ex-Mayor Evelyn Fierro, Councilman Harry Knapp, his wife, Clarice Knapp, a Cultural Heritage commissioner, and Transportation Commissioner Joanne Nuckols are liable for the damages. In addition, the jury found on an 11-1 vote that Fierro, Nuckols and Clarice Knapp acted with “malice or oppression” against Prentiss. Judge J. Michael Byrne scheduled a hearing Monday for the jury to decide on punitive damages against the three.

After the verdict was announced, Prentiss embraced his 17-year-old daughter, Leann, and wept. His wife, Shirley, was emotionally spent and did not attend the hearing, Prentiss said.

“This is a sad day for South Pasadena because it shows what their political leaders have been doing,” said Prentiss, who alleges that he lost his building permit because of his conservative political views. “These people were vicious and they tried to destroy me.”

The city’s lawyer, David D. Lawrence, declined to comment on the verdict, noting the upcoming hearing Monday for punitive damages. Councilman Knapp and his wife, who were present for the verdict, declined to comment. Other defendants could not be reached for comment.

The legal battle began in September, 1990, when a council majority--Fierro, Knapp and ex-Mayor James C. Hodge Jr.--voted in a closed session to revoke the building permit issued the month before. The permit allowed Prentiss to build a three-story, 1,750-square-foot addition to his house.

By the time the permit was revoked, Prentiss had cut a new arch in a wall, removed concrete and bricks and had poured new foundations.

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City officials said they had to revoke the permit because an environmental review was needed.

However, the state Supreme Court last July let stand an appellate court ruling that the city had improperly revoked the permit to expand the 3,500-square-foot house.

The monthlong Superior Court trial got off to a fiery start when former City Manager John Bernardi testified that the council majority decided to revoke Prentiss’ permit against the advice of then-City Atty. Charles S. Vose.

Bernardi also testified that Fierro, a liberal voice on the council, told him it was time to pay back the conservative Prentiss. Prentiss decided not to seek reelection when his term expired in 1988, the year Fierro became a councilwoman.

Other key testimony came from activist Tom Biesek, who said that he came up with the idea of pulling Prentiss’ permit and first discussed the plan with Clarice Knapp and Nuckols. The three then lobbied Fierro and Councilman Knapp to take action, Biesek testified.

“They tried to get back at Prentiss for his political activities,” said Prentiss’ lawyer, David P. King.

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The jury decided that Councilman Knapp did not act with malice when he voted to revoke Prentiss’ building permit. Hodge, who also voted to revoke the permit, was dismissed from the suit by the judge because of insufficient evidence.

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