California Court of Appeal

Judgment of damages in an eminent domain action to condemn land owned by defendants to construct a water pipeline is reversed where the trial judge erred in overruling a prior judge's earlier evidentiary rulings in the case, in allocating the burden of proof as to severance damages, and defendants offered substantial evidence that should have been presented to a jury in determining the amount of just compensation.

Appellate Information

• Decided 01/09/2006
• Published 01/09/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Redwine and Sherill, Justin M. McCarthy, Scott R. Heil, Riverside;  Berger & Norton, Michael M. Berger, Los Angeles, Gideon Kanner, John T. Fogarty;  Matteoni, Saxe & O'Laughlin, Norman E. Matteoni and Peggy M. O'Laughlin, San Jose, for Defendants and Appellants., Jeffrey Kightlinger, Lauren R. Brainard, Los Angeles;  Cox, Castle & Nicholson, Kenneth B. Bley and Edward C. Dygert, Los Angeles, for Plaintiff and Respondent.