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CITY OF SARATOGA v. HINZ

No. H023549.

9 Cal.Rptr.3d 791 (2004)

115 Cal.App.4th 1202

CITY OF SARATOGA, Plaintiff and Respondent, v. Lester F. HINZ, Jr., as Executor, etc., Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Denied May 19, 2004.

Attorney(s) appearing for the Case

Berliner Cohen, Paul A. Pelosi, San Jose, for Defendant and Appellant Lester F. Hinz, Jr.

Meyers, Nave, Riback, Silver & Wilson, Michael R. Nave, San Leandro, Stefanie Y. Gandolfi, Oakland, for Plaintiff and Respondents City of Saratoga.

RUSHING, P.J.

In this eminent domain action, defendant property owner Lester F. Hinz, Jr. appeals a judgment that rejected his challenges to the resolution of necessity adopted by the City of Saratoga (the City) when it decided to condemn an easement over a portion of Hinz's property to improve a private road so that the road might be accepted into the City's system of public streets. The road improvement project was undertaken and financed by the Vessing Road Assessment...

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