Facts

The City of Beverly Hills sued Beverly Hills Land Co. LLC to condemn the 12,632 median island located at the intersection of Santa Monica Blvd. and Doheny Ave. in the City of Beverly Hills.

PLAINTIFF'S CONTENTIONS:
The The city sought to acquire the property by eminent domain. The city claimed that it was necessary for the city to take the land to facilitate street improvement, landscaping, signage and public safety along Santa Monica Blvd. At the trial, the city claimed that the Fair Market Value of the median island was $135,000.

DEFENDANT'S CONTENTIONS:
Defendant Beverly Hills Land Co. LLC was one of the fee owners of approximately 98.5 percent of the subject property and claimed the property was worth $5,475,000.

Result

In a special verdict, the jury determined that the fair market value for the subject property was $3,435,904. However, the city later abandoned the property, prompting Beverly Hills Land Co. to seek damages for the fair rental value of the property for the 20 months that the city had taken prejudgment possession of the median island and litigation expenses. The court eventually awarded defendant $569,513 for the fair rental value of the subject property for the 20 months that the city had prejudgment possession. The court also awarded Beverly Hills Land Co. $435,633 in litigation expenses. The city paid the award of damages and litigation expenses and did not appeal.