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CITY OF OAKLAND v. OAKLAND RAIDERS

Docket No. A029031.

174 Cal.App.3d 414 (1985)

220 Cal. Rptr. 153

CITY OF OAKLAND, Plaintiff and Appellant, v. OAKLAND RAIDERS et al., Defendants and Respondents.

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

November 15, 1985.

Attorney(s) appearing for the Case

COUNSEL

David A. Self, Self, Dang & Kelson, Horan, Lloyd & Karachale, Laurence P. Horan, Michael W. Stamp and Richard E. Winnie, City Attorney, for Plaintiff and Appellant.

Moses Lasky, John E. Munter, Lasky, Haas, Cohler & Munter, William Mathews Brooks, Brooks & Hughes, Barrie Engel, Hardin, Cook, Loper, Engel & Bergez, Gary R. Netzer, Ira Reiner and James K. Hahn, City Attorneys, Edward C. Dygert, Deputy City Attorney, De Witt W. Clinton, County Counsel, and Dennis M. Devitt, Deputy County Counsel, for Defendants and Respondents.

OPINION

SABRAW, J.

Plaintiff City of Oakland appeals from a judgment after a court trial in favor of defendants Oakland Raiders et al. We have determined that plaintiff's proposed exercise of eminent domain power would, in this case, violate the commerce clause of the United States Constitution. Accordingly, we affirm.

I. Facts and Procedure

Plaintiff sued in 1980 to acquire by eminent domain the property of defendants...

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