California Court of Appeal
State Route 4 Bypass Auth. v. Superior Ct. (Morimoto), A116834, A116851
In condemnation cases brought by a joint powers agency empowered to acquire property for construction of a highway, writ petitions challenging trial court's finding that right-of-way dedication requirement applicable to properties lying along the route of the planned highway is unconstitutional are granted where the trial court misconstrued Dolan v. City of Tigard, 512 U.S. 374 (1994), and judged the legality of the dedication requirement using a benchmark -- equality of burden among all property owners benefiting from the project -- that is not required by Dolan, and not otherwise mandated by state or federal law.
Appellate Information
- Decided 08/08/2007
- Published 08/08/2007
Judges
- MARGULIES, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Greenan, Peffer, Sallander & Lally, Kevin D. Lally, San Ramon, John P. Makin, Angel L. Lewis, San Ramon; Silvano B. Marchesi, County Counsel, Sharon L. Anderson, Assistant County Counsel, Beatrice Liu, Deputy County Counsel, for Petitioner., Bingham McCutchen, Matthew S. Gray for Real Parties in Interest.
- For Appellees:
- No appearance for Respondent.