North Pacifica LLC v. City of Pacifica
Published: Dec. 16, 2003 | Result Date: Jul. 10, 2003 | Filing Date: Jan. 1, 1900 |Case number: 419575 Bench Decision – $3,400,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Kevin Siegel
(Burke Williams & Sorensen LLP)
Experts
Plaintiff
Paul E. Talmage
(technical)
Leland Saylor
(technical)
Defendant
James Bautovich
(technical)
Scott Findlay
(technical)
David MacLellan
(technical)
Facts
Edgemar Road in Pacifica has been disconnected from the public street system and in a state of disrepair since the 1960s or before. North Pacifica LLC purchased seven lots that abutted the road in December 1999 and made a demand that the city act to improve and repair Edgemar Road, but the city refused to do so. The land on Edgemar Road, which is known as the "fish property," is bare of any development. The plaintiff, North Pacifica, sued the defendant, the city of Pacifica, alleging inverse condemnation and public nuisance.
Settlement Discussions
The plaintiff demanded that there be lot line adjustment and creation of three additional lots. According to the defendant, the defendant could not accept this offer as it would have been an illegal act.
Damages
The plaintiff claimed that it was denied all benefit and use of the seven lots and that these lots lost all value.
Other Information
The award of $3.4 million was the total fair market value of the seven lots according to plaintiff's appraiser. The city intends to appeal.
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