Orange County Transportation Authority v. Lakeview Orchard Association
Published: Nov. 1, 2014 | Result Date: Jun. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00604657 Settlement – $1,975,000
Court
Orange Superior
Attorneys
Plaintiff
Gary C. Weisberg
(Woodruff, Spradlin & Smart APC)
Defendant
Jennifer W. Dienhart
(Murphy & Evertz LLP)
John C. Murphy
(Murphy & Evertz LLP)
Experts
Plaintiff
Scott Delahooke
(technical)
William Farthing
(technical)
Peter K. Pirzadeh
(technical)
Defendant
Michael F. Waldron
(technical)
Robert A. Stockton
(technical)
Facts
On Oct. 12, 2012, the Orange County Transportation Authority filed an eminent domain action to acquire a 2,951-square-foot permanent easement and a 48-month, 11,984-square-foot temporary construction easement across defendant's property for its Lakeview Avenue Grade Separation Project in the City of Placentia.
Defendants Lakeview Orchard Association, and its members, own 1.67 acres of property improved with three buildings housing a total of 40 condominiums at the corner of Lakeview Ave. and Orchard Dr.
Contentions
PLAINTIFF'S CONTENTIONS:
OCTA initially offered a total of $743,000 as its estimate of the probable compensation for the taking of two easements and severance damages.
DEFENDANT'S CONTENTIONS:
Lakeview sought compensation of $2,903,200 for the taking of the two easements, damages to the remainder of the property, and the taking of Lakeview's access through OCTA's closing of three driveways to the south of Lakeview's property which provided the primary access for Lakeview residents.
Result
OCTA agreed to pay Lakeview $1,975,000 in compensation for the takings, and damages, plus costs of $10,843 and interest of $4,256 and to reduce the geographic scope of OCTA's temporary construction easement.
Other Information
During litigation, OCTA's estimate of compensation increased to $930,000 based on the opinion of Delahooke. FILING DATE: Oct. 12, 2012.
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