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EMERYVILLE REDEVELOPMENT AGENCY v. ELEMENTIS PIGMENTS, INC.

Nos. A090932, A091716, A093126.

125 Cal.Rptr.2d 12 (2002)

101 Cal.App.4th 1083

EMERYVILLE REDEVELOPMENT AGENCY, Plaintiff and Appellant, v. ELEMENTIS PIGMENTS, INC., Defendant and Appellant. Emeryville Redevelopment Agency, Plaintiff and Appellant, v. Elementis Pigments, Inc., Defendant and Respondent.

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

Review Denied November 13, 2002.

Attorney(s) appearing for the Case

Natalie E. West, Oakland, Carol R. Victor, Kevin D. Siegel, Karen W. Murphy, Oakland, Michael Biddle, Emeryville, Benjamin L. Stock, Oakland, Thomas A. Douvan, for Appellant.

James M. Berg, F. Gale Connor, Jeffrey B. Kirschenbaum, San Francisco, for Respondent.

Lee C. Rosenthal, San Francisco, William F. DiCamillo, for California Redevelopment Association as Amicus Curiae.

SEPULVEDA, J.

These consolidated appeals arise from a judgment and posttrial orders in an eminent domain proceeding brought by the Emeryville Redevelopment Agency (Agency or plaintiff) to condemn about 13 acres of chemically contaminated land owned by defendant Elementis Pigments, Inc., formerly Harcros Pigments, Inc. (Elementis or defendant). The appeals, and a cross-appeal by Elementis, present numerous questions of eminent domain law. We have concluded that the...

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