City of Placentia v. Office Depot.
Acquisition by City of Placentia of successful office supplies store for ONTRAC trenched rail project. The store relocated to a nearby location in Fullerton which was not as favorable as the acquired location. Client asserted claims for value of the real estate, lost goodwill, and fixtures and equipment. Following depositions of expert appraisers, case settled just before trial for $5.6 million.
Orange County Transportation Authority v. OC Mills.
Represented owner of The Block at Orange, a regional mall in Orange County, in eminent domain action. OCTA acquired 1.29 acres from mall''s parking lot and outer ring road in connection with widening of State Route 22. The take impacted parking and internal circulation on the property. OCTA''s initial offer was $2.2 million; after two years of litigation, the case settled for $7.75 million just prior to trial.
County of Contra Costa v. Tosco Corporation.
Acquisition of strips of Client''s property on both sides of a State highway that bisected Client''s 640 acres in western Contra Costa County. The property included a petroleum coke facility on 130 acres, but the remainder of the land was undeveloped. The highway widening project damaged the development potential of the property by reducing its access to and from the highway. Following legal issues trial to determine the size and number of larger parcels, case settled for $9.6 million.
Anderson, et al. v. State of California and Ahrens, et al. v. City of Malibu. — Inverse condemnation actions on behalf of Pacific Coast Highway oceanfront homeowners against the State and the City of Malibu. Following the 1993 Malibu fire, mud, rocks, and other debris washed out of Pena Canyon and Piedra Gorda Canyon, blocking culverts under Big Rock Drive and Pacific Coast Highway. The materials flowed onto the highway and into Clients’ homes, flooding them with as much as four feet of debris. After a 7-week bench trial, the trial court ruled that the State was liable for inverse condemnation. The cases thereafter settled for $11.25 million.
Yamagiwa v. City of Half Moon Bay. — Won judgment for $36.8 million in favor of plaintiff landowner in inverse condemnation action against City. A City-built storm drain project altered the topography of client’s 24.7-acre parcel, causing stormwater to collect in depressions on the property. The City approved subdivision of the property for 83 homes, but development could not proceed due to 7-year City-imposed moratorium based on sewer treatment capacity shortage. After the sewer plant was expanded, City reversed its earlier decision and determined that wetlands had developed on the property, precluding its residential development. Following bench trial, Court ruled that the City’s storm drain project was a substantial cause of the development of the wetlands, and awarded the full amount of damages sought. (Yamagiwa v. City of Half Moon Bay, 523 F. Supp. 2d 1036 [N.D. Cal. 2007].)