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CONFIDENTIAL

Dec. 6, 2001

Real Property
Eminent Domain
Just Compensation

Confidential

Settlement –  $475,000

Judge

Rodney E. Nelson

Court

L.A. Superior Central


Attorneys

Plaintiff

Dale R. Pelch

Don Mike Anthony


Defendant

Christopher Sutton


Experts

Plaintiff

Ronald P. Laurain
(technical)

Defendant

Tom Walker
(technical)

John Karmelich
(technical)

Facts

The plaintiff filed an eminent domain suit to take the defendantÆs property and to determine just compensation.
The plaintiff contended that the property, a part of an old oil field, was contaminated and contained an
abandoned oil well in which condition decreased its market value.
The defendant contended that the property had been in her family for three generations and that the oil well had
been properly abandoned and that at no time were there toxins on the property. The defendant contended that
the plaintiff and the developer, New Urban West Inc. had used scare tactics to trick the adjoining owners into
selling lots at between $45,000 to $65,000, when the fair market value should have been at least $200,000 per
lot.
The defendant further contended that but for this eminent domain case, the defendant
would have built the same type of luxury homes that were to be built by the developers. The
defendant claimed that the plaintiff was taking two buildable lots in an upscale area of Long
Beach for transfer to a developer to build luxury homes similar to the defendantÆs plans.

Settlement Discussions

The plaintiff made offers of between $92,000 and $450,000, all of which were rejected by the defendant.

Damages

The defendant claimed that the plaintiff was taking two buildable lots in an upscale area of Long beach for transfer to a developer to build luxury homes similar to the defendant's plans.

Other Information

The plaintiff's assertions of contamination were not supported by any tests or data and proved to be groundless. In a prior suit, the plaintiff had gained access to the property and the tests at that time showed no contamination.


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