SAN DIEGO MTDB v. RV COMMUNITIES

No. D042545.

26 Cal.Rptr.3d 593 (2005)

SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD, Plaintiff and Appellant, v. RV COMMUNITIES, Defendant and Respondent.

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

Rehearing Denied April 20, 2005.

Review Granted July 20, 2005.


Attorney(s) appearing for the Case

Best, Best & Krieger, Bruce W. Beach, San Diego, and Karen M. Freeman for Plaintiff and Appellant.

Myers, Widders, Gibson, Jones & Schneider and Katherine E. Stone, Ventura, for League of California Cities and California State Association of Counties, as Amici Curiae on behalf of Plaintiff and Appellant.

Luce, Forward, Hamilton & Scripps, Charles A. Bird, San Diego; Gordon & Holmes, Frederic L. Gordon and Rhonda J. Holmes for Defendant and Respondent.


HUFFMAN, Acting P.J.

In this eminent domain case involving partial condemnation of the defendant's land, we decide, among other issues, that the defendant was entitled to maintain an inverse condemnation cross-action for claimed total loss of use of a portion of the remaining land, and was not limited to severance damages in the direct action for that injury. We also decide the trial court properly changed the date of valuation of

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