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ANAHEIM REDEVELOPMENT AGENCY v. DUSEK

Docket Nos. G002324, G002546.

193 Cal.App.3d 249 (1987)

239 Cal. Rptr. 319

ANAHEIM REDEVELOPMENT AGENCY, Plaintiff and Appellant, v. FRANK A. DUSEK et al., Defendants and Appellants.

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

June 30, 1987.

Attorney(s) appearing for the Case

COUNSEL

Jack L. White, City Attorney, Oliver, Stoever & Laskin, Thomas W. Stoever and Charles S. Vose for Plaintiff and Appellant.

Weiser, Kane, Ballmer & Berkman, Bruce D. Ballmer, R. Bruce Tepper, Jr., and Kathryn Reimann as Amici Curiae on behalf of Plaintiff and Appellant.

Rutan & Tucker, Jeffrey M. Oderman and Leonard P. Swyer for Defendants and Appellants.

OPINION

WALLIN, J.

The Anaheim Redevelopment Agency (Agency) appeals a judgment dismissing its complaint in eminent domain to acquire the Duseks' Pickwick Hotel. Appalled by what they contend was judicial usurpation of a legislative function, the Agency and amici curiae argue the trial court erred by granting the Duseks' motion for judgment (Code Civ. Proc., § 631.8)1 based on the failure to include...

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