City of Dublin v. Wohlross Associates
Published: Dec. 8, 2007 | Result Date: Jan. 27, 2007 | Filing Date: Jan. 1, 1900 |Case number: VG05238505 Settlement – $2,981,000
Court
Alameda Superior
Attorneys
Plaintiff
David W. Skinner
(Meyers, Nave, Riback, Silver & Wilson)
Defendant
Facts
Miracle Auto Painting and Body Repair leased a property in Dublin for 30 years. Jeff Jacobson owned and operated the franchise for 16 years before it went out of business. The city of Dublin brought a condemnation action against Wohlross Associates and Jacobson's company, Jefcin, Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
This was an eminent domain action by the city of Dublin/Dougherty Road Widening and Improvement Project which required the acquisition of the subject property and building. Plaintiff and its relocation consultant worked with the business owner, Jefcin, Inc. who ran a Miracle Auto Painting and Body Repair Shop on the subject property to find relocation sites. In fact, Mr. Jacobson ran another Miracle Auto Painting and Body Repair shop approximately ten miles from the subject property.
DEFENDANTS' CONTENTIONS:
Defendant Jefcin Inc. contended plaintiff's condemnation action put them out of business.
Damages
$800,000 lost goodwill and $86,053 relocation expenses.
Result
$2,981,000 settlement: $2.47 million to Wohlross Associates (property owner) and $511,000 to Jefcin Inc. Wohlross had withdrawn $1,885,000 from the State Condemnation Fund.
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