Confidential
Settlement – $5,850,000Court
Riverside Superior Indio
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
E. R. Metcalfe
(technical)
Defendant
John R. Mawhinney
(technical)
Facts
On April 26, 1988, the defendant city and the defendant redevelopment agency filed an application for a tract map and conditional use permit on the plaintiffs' property without the plaintiffs' knowledge or consent. It was the defendants' intent, after approving these applications, to down zone the property, condemn it and then sell it to a local developer. The defendant redevelopment agency filed a condemnation action nearly a year and a half after the land applications were filed and served (after the plaintiffs filed the inverse condemnation action.) The plaintiffs brought this action against the defendants based on inverse condemnation theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º1250.410 settlement demand for $6.2 million. The defendants made a C.C.P.º1250.410 offer of $4.5 million.
Damages
The plaintiffs claimed that the appraiser's value for the subject land was $10.1 million.
Other Information
The settlement was reached approximately seven years and eight months after the case was filed. A settlement conference was held on Aug. 1, 1996 before Judge Lawrence Fry of Riverside Superior Court resulting in a settlement on value. The trial was bifurcated. Phase I was for liability on the inverse condemnation claim and the case settled shortly before Phase II (damages trial) began.
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