Confidential
Settlement – $5,500,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Jeffrey M. Oderman
(Rutan & Tucker LLP)
Experts
Plaintiff
James Brabant
(technical)
Brian Mooney
(technical)
Samuel Safino
(technical)
Defendant
John R. Mawhinney
(technical)
Christopher Morrow
(technical)
Facts
In February of 1998, the plaintiff aquired 21.16 acres of defendants' undeveloped land for a proposed future high school site. The parties disagreed about the value of the land that was taken. The plaintiff brought this action against the defendants based on eminent domain.
Settlement Discussions
The plaintiff made a C.C.P. º1245.410 $245,410 settlement offer of $5,080,000 (approximately $240,000 per acre). Defendants made a C.C.P. º1245.410 settlement demand of $5,607,400 ($265,000 per acre). The parties settled for $5.5 million (appriximately $260,000 per acre)
Damages
$6,350,000 claimed as fair market value of taken property.
Other Information
The settlement was reached approximately 11 months after the case was filed.
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