Orange County Transportation Authority v. Jack Goodman, Frances S. Goodman, Ajax Lakeview Development, LLC
Published: Dec. 20, 2014 | Result Date: May 19, 2014 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00598208 Settlement – $6,117,000
Court
Orange Superior
Attorneys
Plaintiff
Gary C. Weisberg
(Woodruff, Spradlin & Smart APC)
Defendant
Experts
Plaintiff
Sydney H. Hawran
(technical)
Defendant
Michael F. Waldron
(technical)
Facts
Defendants Jack Goodman, Frances S. Goodman, and Ajax Lakeview Development LLC, own property located in the heavily traveled intersection of Orangethorpe Ave. and Lakeview Ave. in the City of Placentia. The 6.835-acre property is one of the last undeveloped, commercial/industrial-zoned properties in the City of Fontana.
On Sept. 14, 2012, the Orange County Transportation Authority filed an eminent domain action to acquire 72,782 square feet in fee, along with two, four-year temporary construction easements totaling 27,607 square feet for its Lakeview Avenue Grade Separation Project. The taking involves a swath of land that bisects the property.
Contentions
PLAINTIFF'S CONTENTIONS:
OCTA initially deposited $2.5 million for the taking contending there was little compensation owing for severance damages. Before trial, OCTA increased its appraised value of the taking to $5,640,000, which included $2.6 million in severance damages.
DEFENDANT'S CONTENTIONS:
Defendants claimed the taking involved placing an "L" shaped road through the middle of the subject property. As a result of the project, the property would lose direct, at-grade access to Lakeview Blvd. and would be surrounded by large retaining walls upon completion of the project all of which would render the property no longer suitable for development of a premium commercial/industrial center. The property owner claimed total compensation of $6,425,000, which included $3.6 million in severance damages.
Result
OCTA agreed to pay Goodman $6,117,000.
Other Information
FILING DATE: Sept. 14, 2012.
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