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SAN JOSE PARKING, INC. v. SUPERIOR COURT

No. H024871.

2 Cal.Rptr.3d 505 (2003)

110 Cal.App.4th 1321

SAN JOSE PARKING, INC., Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; City of San Jose Redevelopment Agency, Real Party in Interest.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing August 28, 2003.

Review Denied November 12, 2003.

Attorney(s) appearing for the Case

Matteoni Saxe & O'Laughlin, Norman E. Matteoni, Peggy O'Laughlin, San Jose, Gerald Houlihan, Attorney for Petitioner, San Jose Parking, Inc.

McDonough, Holland & Allen, T. Brent Hawkins, Sacramento, Attorney for the Respondents, The Superior Court of Santa Clara County.

Office of the City Attorney, Richard Doyle, City Attorney, George Rios, Assistant City Attorney, C. Donald McBride, Sr. Deputy City Attorney, Robert Fabela, Sr. Deputy City Attorney, Attorney for Real Party in Interest City of San Jose Redevelopment Agency.

RUSHING, P.J.

In its petition for a writ of mandate, San Jose Parking, Inc. (SJP) asks us to direct the trial court to vacate its order finding that Redevelopment Agency of San Jose (Agency) has the right to condemn SJP's interest in the Fountain Alley parking lot. Because we conclude that SJP does not have a real property interest in the Fountain Alley parking lot, we will grant the request for writ relief.

Facts and Procedural Background

Agency...

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