California Court of Appeal
City of San Jose v. Union Pac. R.R. Co., H033503
In a city's suit against a railroad company to condemn roadway easements over railroad tracks to widen an already existing road, trial court's judgment is affirmed as, under the controlling authority of Oakland v. Schenck, 197 Cal. 456 (1925), the city was free to argue that, despite the parceling, the entire taking amounted to no more than a nominal diminishment of the railroad company's right to use the land for railroad tracks.
Appellate Information
- Decided 06/11/2010
- Published 06/11/2010
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Attorneys for Plaintiff/Appellant: City of San Jose Office of the City Attorney Richard Doyle, City Attorney George Rios, Assistant City Attorney Robert Fabela, Sr. Deputy City Attorney Brian C. Hopper, Sr. Deputy City Attorney
- For Appellees:
- Attorneys for Defendant/Appellant: Union Pacific Railroad Company Berliner Cohen Thomas P. Murphy Andrew L. Faber Laura Palazzolo