California Court of Appeal

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Redev. Agency of the City of San Diego v. Mesdaq, D047927

In case involving exercise of eminent domain power over defendant's property, overruling of taking of defendant's property and award of compensation of close to $8 million is reversed where: 1) the trial court erroneously set the date of valuation as the date of trial, rather than the earlier date of deposit, for purposes of the jury trial on compensation; 2) the trial court abused its discretion in permitting expert testimony that relied upon a goodwill valuation methodology that did not value defendant's actual business but instead valued a hypothetical business operating at defendant's facility; 3) the trial court's ruling allowing the jury to assess $77,823.83 of precondemnation damages based on plaintiff's issuance of a Polanco Act notice was erroneous; 4) the jury's compensation award must be vacated and relitigated; and 5) the award of attorney's fees to defendant, which was based, in substantial part, on the now vacated award, must be reversed.

Appellate Information

  • Decided 08/31/2007
  • Published 08/31/2007

Judges

  • IRION, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Best Best & Krieger LLP, Bruce W. Beach and Karen F. Landers, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Thorsnes Bartolotta & McGuire, Vincent J. Bartolotta, Jr. and Karen F. Frostrom, San Diego;  Higgs, Fletcher & Mack LLP and John Morris, San Diego, for Defendant and Appellant.
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