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CITY OF STOCKTON v. MARINA TOWERS LLC

No. C054495.

171 Cal.App.4th 93 (2009)

CITY OF STOCKTON, Plaintiff and Respondent, v. MARINA TOWERS LLC et al., Defendants and Appellants.

Court of Appeals of California, Third District,

February 13, 2009.

Attorney(s) appearing for the Case

Matteoni, O'Laughlin & Hechtman, Norman E. Matteoni, Peggy M. O'Laughlin, Bradley M. Matteoni and Gerald Houlihan for Defendants and Appellants.

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Maxwell M. Freeman, Thomas H. Keeling, Arnold J. Wolf; and Richard E. Nosky, Jr., City Attorney, for Plaintiff and Respondent.

OPINION

BUTZ, J.

California's eminent domain law permits acquisition of property only for "a particular use," to wit: a "proposed project." (Code Civ. Proc., §§ 1240.020, 1240.030.)1 A public entity desiring to condemn private property must pass a "resolution of necessity" (§ 1240.040) that describes the proposed project and contains findings that the proposed project is necessary for the greater public...

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