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BORDER BUSINESS PARK v. CITY OF SAN DIEGO

No. E035881.

49 Cal.Rptr.3d 259 (2006)

142 Cal.App.4th 1538

BORDER BUSINESS PARK, INC., Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Two.

September 19, 2006.

Attorney(s) appearing for the Case

McKenna Long & Aldridge, Niddrie, Fish & Buchanan, Michael H. Fish; Niddrie & Hegemier, David A. Niddrie, San Diego; Thorsnes, Bartolotta & McGuire, Vincent J. Bartolotta, Jr.; Wasserman, Comden, Casselman & Pearson, David B. Casselman, Tarzana; and Geoffrey C. Hazard, Jr., Philadelphia, PA, for Plaintiff and Appellant.

Horvitz & Levy, Barry R. Levy, Lisa Perrochet, Curt Cutting, Encino; Latham & Watkins, Michael J. Weaver, San Diego, and Jared G. Flinn for Defendant and Appellant.

OPINION

McKINSTER, Acting P.J.

INTRODUCTION

The City of San Diego (the city) appeals a judgment for inverse condemnation awarding $65.3 million in damages to Border Business Park, Inc. (hereafter sometimes referred to as Border).

Border is a real estate development company which was developing a business park in Otay Mesa. Otay Mesa was then an unincorporated area in San Diego County...

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