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SAN FRANCISCO BAY AREA RAPID TR v. FREMONT MEADOWS

Docket No. 27351.

20 Cal.App.3d 797 (1971)

97 Cal. Rptr. 898

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, Plaintiff and Appellant, v. FREMONT MEADOWS, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

October 26, 1971.

Attorney(s) appearing for the Case

COUNSEL

Rogers, Vizzard & Tallett and John H. Tallett for Plaintiff and Appellant.

Knox, Goforth, Ricksen & Robbins, William D. Bowser and Calvin T. Goforth for Defendant and Respondent.

OPINION

BROWN (H.C.), J.

This is an appeal by San Francisco Bay Area Rapid Transit District (BART) in an eminent domain action from the order granting a new trial in favor of Fremont Meadows, Inc. (condemnee) on the grounds of an inadequate award of damages.

The sole issue presented at the trial was the fair market value of the property acquired by BART in the eminent domain proceedings. The jury returned a verdict evaluating...

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