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SARATOGA FIRE PROTECTION DIST. v. HACKETT

No. H022553.

118 Cal.Rptr.2d 696 (2002)

97 Cal.App.4th 895

SARATOGA FIRE PROTECTION DISTRICT, Plaintiff and Respondent, v. W. Charles HACKETT, Individually and as Trustee, etc., Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing May 14, 2002.

Attorney(s) appearing for the Case

Ackerman & Kevorkian, Michael G. Ackerman, Kevin B. Kevorkian, San Jose, Attorney for Defendant/Appellant: W. Charles Hackett.

Matteoni, Saxe & O'Laughlin, Barton G. Hechtman, Norman E. Matteoni, San Jose, Attorneys for Plaintiff/Respondent: Saratoga Fire Protection District.

PREMO, Acting P.J.

Defendant W. Charles Hackett1 appeals judgment in an eminent domain proceeding brought by plaintiff Saratoga Fire Protection District in which defendant was not allowed to produce evidence that his Saratoga office building was worth $3.2 million at the time of trial. Defendant contends California's eminent domain law is unconstitutional as applied to him because the mandatory use of the date the complaint was filed as...

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