California Court of Appeal
Council of San Benito County Governments v. Hollister Inn, Inc., H036629
In an eminent domain action to acquire property for a highway bypass project, the judgment of the trial court is vacated where the court erred in: 1) issuing an order of conditional dismissal and an award of reasonable litigation expenses against the government; and 2) determining that the government grossly abused its discretion by failing to consider additional condemnation pursuant to section 1240.350 to provide a substitute access to easement to serve defendant's property before adopting the pertinent resolutions of necessity.
Appellate Information
- Decided 09/19/2012
- Published 09/19/2012
Judges
- Elia
Court
- California Court of Appeal