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CITY OF SAN DIEGO v. RANCHO PENASQUITOS PARTNERSHIP

No. D038316.

130 Cal.Rptr.2d 108 (2003)

105 Cal.App.4th 1013

CITY OF SAN DIEGO, Plaintiff and Appellant, v. RANCHO PENASQUITOS PARTNERSHIP et al., Defendants and Respondents.

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

As Modified on Denial of Rehearing March 3, 2003.

Review Denied May 14, 2003.

Attorney(s) appearing for the Case

Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, Claudia Gacitua Silva, Deputy City Attorney; Meyers, Nave, Riback, Silver & Wilson, David W. Skinner, San Leandro, and Stefanie Y. Gandolfi, Oakland, for Plaintiff and Appellant.

Rutan & Tucker, Jeffrey M. Oderman, and Douglas J. Dennington, Costa Mesa, for Defendants and Respondents.

NARES, J.

In this eminent domain action the plaintiff City of San Diego (the City) condemned 10.94 acres of real property, part of a 108.75 acre parcel of property zoned for agricultural use that was owned by the defendants Rancho Penasquitos Partnership, Ting Fang Lin, Yu Chun Huang, Cindy C. Kasai and Pai Ho Wey (collectively RPP). The City took RPP's property for the State Route 56 freeway (SR-56) project. The City asserted at jury trial that because it had a zoning...

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