This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Public Utilities
Farmland

Napa Sanitation District v. Kirkland

Published: Apr. 2, 1994 | Result Date: Dec. 23, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 56043 –  $6,047,000

Judge

Richard Bennett

Court

Napa Superior


Attorneys

Plaintiff

Mark L. Tuft
(Womble Bond Dickinson US LLP)

John P. Makin


Defendant

Charles E. Merrill

Kevin D. Lally


Experts

Plaintiff

Tom Jordan
(technical)

Dean Stahr
(technical)

Defendant

Tom Prentice
(technical)

Lawrence Harris
(technical)

Arthur H. Gimmy
(technical)

Facts

Plaintiff Napa Sanitation District acquired (through eminent domain) 231 acres of Defendant's 2,600-acre ranch. The land had been used for cattle grazing and vineyards; the purpose of the taking was for waste water spray fields. The date of the taking was June 9, 1988.

Settlement Discussions

Defendant contends their demand was $6,000,000 and Plaintiff's offer was $4,500,000.

Damages

$2,100,000 and no severance (per Plaintiff); $6-8,000,000 plus $1,500,000 severance (per Defendant).

Result

plus interest

Other Information

Interest on the verdict is estimated to be $2,000,000.

Deliberation

1.75 days

Poll

12-0

Length

5 weeks


#94331

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390