City of San Diego v. Barratt American Inc.
Published: May 18, 2004 | Result Date: Jan. 7, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC7713441 Verdict – $4,351,350
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Douglas J. Dennington
(Rutan & Tucker LLP)
Jeffrey M. Oderman
(Rutan & Tucker LLP)
Experts
Plaintiff
Gary Halbert
(technical)
William M. Dumka
(technical)
Stephen D. Roach
(technical)
Defendant
Raymond Martin
(technical)
Michael F. Waldron
(technical)
Nicholas DeLorenzo
(technical)
Facts
The City of San Diego filed the eminent domain action to condemn approximately 5.04 acres of the defendants' land for the construction of Unit 2 of the Middle Segment of the SR-56 freeway. The issues in the case were the fair market value of the part taken as of the Nov. 16, 2001 date of value; the amount of severance damages, if any, to the defendants' remaining land; and what amount of project benefits, if any were generated to offset the severance damages.
Settlement Discussions
The plaintiff's precondemnation offer was $1,512,000. The plaintiff's final offer prior to trial was $2,270,000. The defendants' final offer prior to trial was $3,950,000, $1.7 million below their appraisal figure.
Result
The jury returned a verdict awarding $3.5 million for the fair market value of the part taken, plus $851,350 for severance benefits. The jury found no project benefits. The plaintiff has appealed the verdict.
Other Information
The plaintiff filed a motion for a new trial which was denied by the court. The defendants filed a motion for litigation expenses which was granted. The court awarded the defendants an additional $577,784 in attorney and expert fees. During trial, the plaintiff filed a motion requesting that the court reinstruct the jury or declare a mistrial. The plaintiff argued that the court had erred when it instructed the jury that they must consider the freeway project enhancement in determining whether there was a reasonable probability of a zone change.
Deliberation
two days
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390