City of Oakland v. Superior Court

In City of Oakland v. Oakland Raiders (1982) 32 Cal.3d 60 [ 183 Cal.Rptr. 673 , 646 P.2d 835 ] (Raiders I), the California Supreme Court reversed a summary judgment which had dismissed with prejudice this action by petitioner, City of Oakland (City), to acquire by eminent domain the property rights associated with the ownership by real parties in interest, Oakland Raiders et al. (Raiders), of a professional football team which is a franchise member of the National Football League (NFL). In so doing the high court found that the power of eminent domain could be exercised for the acquisition of the intangible property in question and that the acquisition and operation of a sports franchise could be an appropriate municipal function. Thus the court concluded, “[i]f such valid public use can be demonstrated,” the City had the power to acquire by eminent domain any property necessary to accomplish that use. (Id., at p. 72.) Accordingly, the case was remanded to the trial court “for a full evidentiary trial on the issues on the merits,” so that City could have the opportunity to show “valid public use for its proposed action . . . .” (At pp. 63, 76.)

On retrial, the objections…