California Court of Appeal
People ex rel. Dep't of Transp. v. Dry Canyon Enterprises, LLC, B234198
In eminent domain proceedings over a parcel of land to widen a highway, trial court's judgment in favor of the state on the ground that the landowner had not proven it had any business goodwill to lose, is affirmed where: 1) a business owner is entitled to a jury trial on the amount of goodwill lost by a taking only if he or she first establishes, as a threshold matter, that the business had goodwill to lose; 2) the trial court did not err in concluding that the landowner had not adduced substantial evidence of goodwill.
Appellate Information
- Decided 11/28/2012
- Published 11/28/2012
Judges
- Hoffstadt
Court
- California Court of Appeal