Confidential
Settlement – $4,000,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Michael H. Leifer
(Palmieri, Hennessey & Leifer LLP)
Patrick A. Hennessey
(Palmieri, Hennessey & Leifer LLP)
Experts
Plaintiff
James R. Bryan
(technical)
Sydney H. Hawran
(technical)
Defendant
Aaron D. Amster
(technical)
James R. Himes
(technical)
Facts
In 1996, the plaintiff government took a portion of the defendant's real property in Anaheim for the widening of the I-5 freeway. The defendant operated a self-storage business on the property. As a result of the taking, the defendant lost two of its six buildings improved with storage units as well as the manager's apartment and garage. The defendant was also forced to repair the damage done to its property. The issue in dispute concerned the amount of compensation the defendant was entitled to for the value of the property taken, severance damages to its remaining property precondemnation, damages and for loss of business goodwill. The plaintiff's original estimate of compensation for the aforementioned items was $1,180,500. The plaintiff state brought this eminent domain action against the defendant.
Settlement Discussions
After the exchange of valuation data and before the mandatory settlement conference, the parties negotiated a settlement including all items of compensation for the sum of $4 million.
Other Information
The settlement was reached approximately two years and eight months after the case was filed.
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