San Francisco Bay Area Rapid Transit District v. PPF Industrial Whipple Road/Bowman Place LP, et al.
Published: Jul. 3, 2015 | Result Date: Jan. 26, 2015 | Filing Date: Jan. 1, 1900 |Case number: RG13708269 Settlement – $42,750,000
Court
Alameda Superior
Attorneys
Plaintiff
David W. Skinner
(Meyers, Nave, Riback, Silver & Wilson)
Defendant
John C. Murphy
(Murphy & Evertz LLP)
Experts
Plaintiff
Patrick Idiart
(technical)
Defendant
Michael F. Waldron
(technical)
Christopher Thornberg
(technical)
Terry Swindle
(technical)
Facts
Defendants PPF Industrial Whipple Road/Bowman Place LP and PPF Industrial Whipple Properties 1001 LLC own a 28.6-acre multi-tenant property called Whipple Business Park in Hayward. The property includes four warehouse buildings totaling 444,480 square feet of industrial space located on the East Bay Industrial Corridor. The property is adjacent to the current Hayward maintenance yard operated by the San Francisco Bay Area Rapid Transit District.
On May 26, 2011, BART's Board of Directors adopted the Hayward Maintenance Complex Project, and on Dec. 27, 2013, BART filed its eminent domain action to condemn the entire property for the Hayward Maintenance Complex Project.
Contentions
PLAINTIFF'S CONTENTIONS:
BART initially offered PPF Industrial $34,000,000 as compensation for the real estate.
DEFENDANT'S CONTENTIONS:
Owners sought compensation of more than $50 million for the real estate, plus an additional $2.8 million for precondemnation damages.
Result
The case settled before trial. BART agreed to pay a total of $42,750,000.
Other Information
FILING DATE: Dec. 27, 2013.
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