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CONFIDENTIAL

Apr. 29, 2000

Real Property
Government Liability
Freeway Widening

Confidential

Settlement –  $1,927,500

Judge

Tully H. Seymour

Court

Orange Superior


Attorneys

Plaintiff

John M. Albertine


Defendant

Michael H. Leifer
(Palmieri, Hennessey & Leifer LLP)

Charles S. Krolikowski
(Newmeyer & Dillion LLP)


Experts

Plaintiff

Harry Kagan
(technical)

Gary Slater
(technical)

Frances H. Wolfe Mason
(technical)

Greg Grant
(technical)

Defendant

Jeffrey Donahue
(technical)

Michael F. Waldron
(technical)

Facts

In 1995, plaintiff state took portions of defendant's real property in Anaheim for the widening of the Interstate 5 freeway. The square footage taken was 6,600. The larger parcel was 240,451 square feet in size. The state took temporary easements as well as property in fee. The defendant operated a mobile home park on the subject property known as Midway Trailer City. As a result of the taking, defendant lost several mobile home pads, a clubhouse, a laundry room, restroom and a water well. The valuation issues included compensation for the value of the property taken, severance damages to its remaining property, damages for cost to cure and precondemnation damages. The plaintiff's original appraised estimate of compensation was $462,500.

Settlement Discussions

After exchange of valuation data and expert discovery, the parties settled for the sum of $1,927,500 plus interest.


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