This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Inverse Condemnation
Negligence

Sierra Palms Homeowners Association v. Metro Gold Line Foothill Extension Construction Authority, et al.

Published: Feb. 27, 2016 | Result Date: Jan. 25, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC580891 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Wayne S. Kreger
(Law Offices of Wayne S. Kreger PA)


Defendant

David Graeler

Bradford B. Kuhn
(Nossaman LLP)


Facts

Sierra Palms Homeowners Association filed an inverse condemnation action against Metro Gold Line Foothill Extension Construction Authority and Foothill Transit Constructors, for alleged damages to property in the construction, maintenance, and operation of the Gold Line.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendants' construction of the Gold Line extension from Pasadena to Montclair allegedly resulted in the diminution in property value. Plaintiff asserted a single cause of action for inverse condemnation.

DEFENDANTS' CONTENTIONS:
Metro moved to strike plaintiff's complaint and filed a demurrer.

Result

The court sustained Metro's demurrer and granted Metro's motion to strike the entire complaint against the Gold Line. Foothill Transit's motion to strike and demurrer remained pending.


#112858

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390