City of Palmdale v. Harold Riff, et al.
Published: Apr. 18, 1998 | Result Date: Sep. 8, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC136988 Verdict – $320,205
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert P. Silverstein
(The Silverstein Law Firm)
Experts
Plaintiff
Marvin E. Lopata
(technical)
Molly Bogh
(technical)
Michael S. Mischel
(Clasen Raffalow & Rhoads)
(technical)
Defendant
Norman Eichel
(technical)
David Weston
(technical)
James R. Ashby
(technical)
Facts
On Oct. 12, 1995, plaintiff City of Palmdale filed an eminent domain action to acquire a portion of defendant Harold Riff's property at the corner of 25th Street East and Barrel Springs Road in the City of Palmdale. Defendant owned an approximately 20-acre parcel at the northwest corner of this intersection. Plaintiff's purpose for the acquisition was to realign 25th Street East and to construct a parking lot for an equestrain and hiking trail. Before the taking, the defendant's property had been bisected by the old alignment of 25th Street East, with aproximately 20 acres of the property (the "Master Parcel") lying to the west of the old alignment and a 1/3- acre area, commercially-zoned, lying to the east of the old alignment. A trace of the San Andreas Fault also traversed a portion of the defendant's property. Until 1993, all of the defendant's property was zoned commercial (C-3). In 1993, Palmdale rezoned the Master Parcel to low density residential (R-1-15,000). The plaintiff acquired only the 1/3 acre, commercially-zoned portion of the defendant's property in fee. The plaintiff also acquired a temporary construction easement and a slope easement on the Master Parcel. The plaintiff brough this action against the defendant based on eminent domain theories of recovery. The plaintiff moved in limine to exclude all evidence and testimony regarding the probability of a zone change on the Master Parcel. In this connection, the court granted the plaintiff's request for a hearing outside the presence of the jury pursuant to People v. Arthofer (1966) 245 Cal.App.2d 454 to determine whether defendant's real estate appraisal expert, Norman Eichel, had sufficient expertise to offer an opinion on the reasonable probability of a zone change and whether he had conducted a sufficient investigation to permit him to testify on the issue of a zone change. The defendant called Norman Eichel to state his opinion and provide his reasons for concluding that there was a reasonable probability of a zone change to permit a commercial use on the Master Parcel. The plaintiff examined Eichel on voir dire for approximately one day. Upon hearing the testimony, arguments of counsel, and the matter being submitted to the court for decision, the court denied the plaintiff's in limine motion on the grounds that there was a sufficient foundation for the opinion, and that Eichel's opinion was not merely speculative or conjectural under the standard set forth in Arthofer. A jury was then empaneled to try the action as to the fair market value of the property being taken and the severance damages to the Master Parcel.
Settlement Discussions
The city of Palmdale made a final settlement offer of $33,500 at the settlement conference. The defendant made a final settlement demand of $325,000.
Damages
The defendant sought just compensation of $143,000 for the commercially-zoned fee taking area and $485,535 for severance damages to the Master Parcel, for a total just compensation award for these damages of $628,535.
Other Information
The verdict was reached approximately one year and 11 months after the case was filed. Pursuant to Code of Civil Procedure º1250.410, the court found that Palmdale's final offer was unreasonable in light of the evidence admitted and the compensation awarded, and additionally ordered Palmdale to pay the defendant's litigation expenses in the amount of $86,115. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on March 14, 1997. It did not resolve the matter.
Deliberation
three days
Poll
_____ (Nos. Pls.)
Length
10 days
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