CITY OF BALDWIN PARK v. STOSKUS

Docket No. L.A. 30037.

8 Cal.3d 563 (1972)

503 P.2d 1333

105 Cal. Rptr. 325

CITY OF BALDWIN PARK, Plaintiff and Respondent, v. BERTHA STOSKUS, Defendant and Appellant.

Supreme Court of California. In Bank.

December 22, 1972.


Attorney(s) appearing for the Case

COUNSEL

Renner, Cook, Shaykin, Lyon & Weltner, Weltner & Gorenfeld, William Gorenfeld and A.F. Weltner for Defendant and Appellant.

Fadem & Kanner, Desmond, Miller & Desmond, Thomas G. Baggot, O'Neill & Huxtable, Otto A. Jacobs, Robert H. Jacobs, Milnor E. Gleaves, Carlton, Borchard & Cowling, Thorpe, Sullivan, Clinnin & Workman, Jackson, Turner, Endeman & Mulcare, Goldstein, Barceloux & Goldstein, Malovos & Chasuk, John Thorne, Thomas Feeney and Gideon Kanner as Amici Curiae on behalf of Defendant and Appellant.

Robert Flandrick, City Attorney, Martin & Flandrick and Norman Lieberman for Plaintiff and Respondent.

F. Mackenzie Brown, Roscoe R. Hess, Wilson, Jones, Morton & Lynch and Michael R. Nave as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

BURKE, J.

In this case we consider the question whether an award of severance damages in an eminent domain proceeding should include the amount of a special assessment lien placed upon the condemnee's property to assist in financing the construction of a public improvement. We have concluded that the trial court properly refused to consider evidence of the assessment lien for purposes...

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