Confidential
Settlement – $155,000Judge
Court
Maricopa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald Duncan
(technical)
Defendant
Peter Martori
(technical)
Facts
The defendant church owned a parcel of property roughly 330 feet by 290 feet fronting on Tatum Boulevard, major commercial artery in Phoenix. The church's property contained its main worship facility, offices, classrooms, a playground with extensive playground equipment and 129 parking spaces. The city desired to expand the street to accommodate increased traffic in the area. In 1997, the plaintiff city commenced this eminent domain action against the church, seeking a 300-foot long, 25-foot wide strip of frontage from the church's property which impaired 30 percent of the available parking space. The city and the church disagreed as to the value of the property taken, and whether or not the parking loss could be cured, so as to reduce severance damages to zero.
Settlement Discussions
The defendant church made a settlement demand for $187,500. The plaintiff city made a settlement offer of $93,000. Lay witnesses for the church were prepared to testify to a total of $250,000 in damages.
Damages
The defendant church claimed $187,500 in damages for the value of the property taken, loss of parking, and aesthetic damage to the facilities remaining on the untaken portion.
Other Information
The settlement was reached approximately two years and three months after the case was filed.
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