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CONFIDENTIAL

Aug. 21, 1999

Real Property
Eminent Domain
Commercial Property

Confidential

Settlement –  $12,500,000

Judge

William F. McDonald

Court

Orange Superior


Attorneys

Plaintiff

Gerald A. Costello


Defendant

Gary C. Weisberg
(Woodruff, Spradlin & Smart APC)

Patrick A. Hennessey
(Palmieri, Hennessey & Leifer LLP)


Experts

Plaintiff

Orell Anderson
(technical)

Jim Gregory
(technical)

Barry Housel
(technical)

Randall Bell
(technical)

Mark R. Murphy
(technical)

G. William Dunn
(technical)

Defendant

Bruce Baltin
(technical)

Richard A. Schmidt
(technical)

Larry Mack
(technical)

Facts

In 1996, the plaintiff took a portion of the defendants' real property in Anaheim for the widening of the Intestate-5 freeway. The defendants have a hotel and restaurant on the property. As a result of the taking, the defendants lost 119 parking spaces and access to and from Harbor Boulevard. The defendants were forced to incur expenses to cure the damage done to their property. The issue in dispute concerned the amount of compensation the defendants were entitled and for a value of the property taken, severance damages to their remaining property, and damages for cost to cure their property. The plaintiff's original estimate of compensation for the aforementioned items was $2,742,500. The plaintiff brought this action against the defendants based on eminent domain.

Settlement Discussions

The property owners made a settlement demand of $12.9 million. The state made a settlement offer of $12 million.

Damages

$7,595,000 for value of _______________ .

Result

PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS: Greg Grant ___________ (city), K___________ (full name) Basme ______________ (city), Kristen Gilland _____________ (city) P____________ (full name) Galvan _____________ (city)

Other Information

The settlement was reached approximately two years and 10 months after the case was filed. The case was settled before choosing a jury.


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