City of Auburn v. Auburn Business Center, et al.
Published: Jul. 27, 2004 | Result Date: Feb. 19, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV15073 Verdict – $2,330,850
Judge
Court
Placer Superior
Attorneys
Plaintiff
Stacey N. Sheston
(Best, Best & Krieger LLP)
Defendant
Experts
Plaintiff
Thomas J. Lumbrazo
(technical)
Randy P. Wall
(technical)
Cydney Bender-Reents
(technical)
Defendant
Jack Remington
(technical)
Monte J. Short
(technical)
Facts
The subject suit is an action in eminent domain in which the City of Auburn acquired approximately 8.3 acres of land owned by Sylvia and Dennis Denham. The property is located in Placer County immediately adjacent to the Auburn Municipal Airport. Approximately six acres of the property was unimproved land and the remaining approximately 2.3 acres was improved with some older buildings. The initial offer of the City of Auburn to purchase the property was made on Aug. 5, 2002 and was $1,847,000. The only issue for determination by the jury was the fair market value of the property on Jan. 14, 2003. City of Auburn contended that the value of the property was $1,845,000. The defendants argued that the property was worth $2,483,000.
Settlement Discussions
The plaintiff made its C.C.P. Section 1250.410 final offer of $2 million 20 days before trial. The defendants made their C.C.P. Section 1250.410 final demand 20 days before trial in the amount of $2,388,000. Settlement talks were conducted on the first day of trial at which the City of Auburn indicated that it would increase its offer to $2,100,000 and the defendants stated they would accept $2,250,000 in settlement.
Result
The jurt determined that the value of the property was $2,ee0,847.
Other Information
Following entry of judgment, the defendants made a motion for recovery of their litigation expenses pursuant to C.C.P. Section 1250.410 which was denied by the judge. The jury determined that the value of the property was $2,330,847.
Deliberation
3.5 hours
Poll
12-0
Length
nine days
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