Facts

Riverside County Transportation Commission filed a complaint in eminent domain to condemn several interests in portions of the Wunch family's property, Newport Farms Inc., owned by Paul and Georgine Wunsch. After filing its complaint, RCTC determined that it needed to acquire additional property interests and filed its First Amended Complaint and, altogether, sought to condemn approximately 104,099 square feet.

PLAINTIFF'S CONTENTIONS:
The initial offer made by RCTC was a statutorily required deposit that does not include goodwill damages. Upon filing of the complaint, appraisals were conducted by both parties.

RCTC's appraisals reached a valuation for just compensation for the property, severance damage and goodwill of $1,798,000.

DEFENDANTS' CONTENTIONS:
The Wunsch family operated Newport Farms on a parcel of land totaling 8.18 acres along the 91 Freeway in the City of Corona. Newport Farms, a food service distributor since approximately 1967, provides fresh-from-the-farm produce and dairy products.

The Wunch Family sought compensation of $1,507,181 for the real estate, plus $2,205,774 in severance damages, plus $1,430,000 for the loss of business goodwill, for a total of $5 million.

Damages

The Wunch Family sought a total of $5,155,424 for just compensation for the real property, severance damages, and loss of goodwill.

Result

The case settled before trial. RCTC agreed to pay the Wunch Family $3.5 million.

Other Information

FILING DATE: June 25, 2013.