Scalzo Family Trust v. City of San Juan Capistrano
Published: Jul. 3, 2010 | Result Date: Jun. 1, 2010 | Filing Date: Jan. 1, 1900 |Case number: 06CC04179 Verdict – $6,768,000
Court
Orange Superior
Attorneys
Plaintiff
Charles S. Krolikowski
(Newmeyer & Dillion LLP)
Defendant
Anna R. Salusky
(Salusky Law)
Facts
The City of San Juan Capistrano approved plans for a proposed residential subdivision. As a condition of approval, the Scalzo Family Trust (Trust) was required to dedicate land to the City and improve City drainage facilities.
Contentions
PLAINTIFF'S CONTENTIONS:
The Trust filed suit against the City alleging that, for the three years that the dedication condition was imposed, the Trust was unable to develop the property and missed the real estate market's peak for proposing custom home lots on the property.
Result
The court found the dedication condition was a temporary taking and the Trust was awarded $6,768,000 in compensation, by a jury. The case settled for $6.35 million in Dec. 2010.
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