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STATE ROUTE 4 BYPASS v. SUPERIOR COURT

Nos. A116834, A116851.

64 Cal.Rptr.3d 286 (2007)

153 Cal.App.4th 1546

STATE ROUTE 4 BYPASS AUTHORITY, Petitioner, v. The SUPERIOR COURT of Contra Costa County, Respondent; Toshiko Morimoto et al., Real Parties in Interest. State Route 4 Bypass Authority, Petitioner, v. The Superior Court of Contra Costa County, Respondent; Ronald E. Nunn, Real Party in Interest.

Court of Appeal of California, First District, Division One.

August 8, 2007.

Attorney(s) appearing for the Case

Greenan, Peffer, Sallander & Lally, Kevin D. Lally, San Ramon, John P. Makin, Angel L. Lewis, San Ramon; Silvano B. Marchesi, County Counsel, Sharon L. Anderson, Assistant County Counsel, Beatrice Liu, Deputy County Counsel, for Petitioner.

No appearance for Respondent.

Bingham McCutchen, Matthew S. Gray for Real Parties in Interest.

MARGULIES, J.

These consolidated writ petitions arise from two condemnation cases brought by the State Route 4 Bypass Authority (Bypass Authority), a joint powers agency empowered to acquire property for construction of a highway in East Contra Costa County. The superior court consolidated the two cases for purposes of a bifurcated trial on an issue material to the condemnation value of both properties: the constitutional validity of a right-of-way dedication requirement...

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