SAN DIEGO v. D.R. HORTON SAN DIEGO HOLDING

No. D043425.

24 Cal.Rptr.3d 338 (2005)

126 Cal.App.4th 668

CITY OF SAN DIEGO, Plaintiff and Appellant, v. D.R. HORTON SAN DIEGO HOLDING COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

February 7, 2005.


Attorney(s) appearing for the Case

Meyers, Nave, Riback, Silver & Wilson, David W. Skinner, Robert C. Chojnacki and Stefanie Y. Gandolfi, Oakland, for Plaintiff and Appellant.

Rutan & Tucker, Jeffrey M. Oderman and Douglas J. Dennington, Costa Mesa, for Defendant and Respondent.


O'ROURKE, J.

In this eminent domain action, the City of San Diego (City) sought to acquire approximately 12.69 acres of property from a larger parcel owned by D.R. Horton San Diego Holding Company, Inc. (Horton) for a particular segment of the State Route 56 freeway project. In a special verdict, the jury determined that the fair market value of the property taken was $5,589,200, that severance damages to the remainder parcel before consideration of the project's...

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